Backup Documents 07/07/2015 Item #17A 7-7-2015
AMENDING 2005-54 SOLID WASTE
COLLIER COUNTY FLORIDA t,, i
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
r. -:-:. ,,'. ...., A
To: Clerk to the Board: Please place the following as a: G 7
XXX Normal legal Advertisement ❑ Other:
(Display Adv.,location,etc.)
**********************************************************************************************************
Originating Dept/Div PUD—Financial Operations Person:Peter Lund Date: June 12,2015
Petition No.(If none,give brief description): Ordinance Amendment—Solid Waste Collection,Disposal and Administration
Petitioner: (Name&Address): N/A
Name&Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separate sheet) See Above
Hearing before BCC BZA Other
Requested Hearing date:(Based on advertisement appearing 10+days before hearing.) July 7,2015(ad to run no later than
FRIDAY,June 26,2015)
Newspaper(s)to be used: (Complete only if important):
XXX Naples Daily News ❑ Other XXX Legally Required
Proposed Text: (Include legal description&common location&Size:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,AMENDING
ORDINANCE NO. 2005-54, WHICH RE-ESTABLISHED TWO MUNICIPAL SERVICE BENEFIT UNITS, KNOWN AS
SERVICE DISTRICT NO. 1 AND SERVICE DISTRICT NO. 2, FOR THE PURPOSE OF PROVIDING AND
REGULATING SOLID WASTE COLLECTION,DISPOSAL AND ADMINISTRATION WITHIN THE BENEFIT UNITS,
SPECIFICALLY AMENDING SECTION ONE, DEFINITIONS; SECTION ELEVEN, SOLID WASTE COLLECTION,
DISPOSAL AND ADMINISTRATION SERVICE CHARGE PRIOR TO INITIATION OF ANNUAL SPECIAL
ASSESSMENT; SECTION EIGHTEEN,OWNERSHIP OF SOLID WASTE AND PROGRAM RECYCLABLES; SECTION
NINETEEN, RESPONSIBILITIES OF CONTRACTOR AND CUSTOMER FOR SOLID WASTE COLLECTION;
SECTION TWENTY, TERMINATION OF SERVICE BY CONTRACTOR; SECTION TWENTY-ONE, EXEMPTION
PERMITS FOR COMMERCIAL AND RESIDENTIAL PROPERTY; PROCEDURE FOR OBTAINING AND REVOKING
EXEMPTION PERMITS; AND SECTION TWENTY-FOUR, PENALTIES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING
FOR AN EFFECTIVE DATE.
Companion petition(s), if any&proposed hearing date: N/A
Does Petition Fee include advertising cost?❑Yes XXX No If Yes,what account should be charged for advertising costs:
PO#4500153831
Reviewed by:
r``"- 1 o......
per: .
Division Administrator or Designee Date
I)List Attachments: Proposed Ordinance
/\ DISTRIBUTION INSTRUCTIONS
1) A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request
for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
❑ County Manager agenda file: to El Requesting Division ❑Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE USEONLY:
Date Received: (0-2-1.- Date of Public hearing: 1'1-15- Date Advertised: 24)—6
Ann P. Jennejohn
17A
From: Lund, Peter
Sent: Friday,June 12, 2015 3:44 PM
To: Minutes and Records
Cc: Neet,Virginia; Brock, Mary Jo
Subject: Advertising Request
Attachments: Advertising Request Ordinance Amendment Solid Waste Collection Disposal.pdf;
Advertising Request - Ordiance Amendment Solid Waste Collection Dispos....docx;
Exhibit 1 Solid Waste Collection Ordinance amending Ord No. 2005-54 sjt approved.pdf
Ann,
Please find attached the signed Advertising Request for the Amendment to the Solid Waste Collection
Ordinance, to be published by June 26.
I have also attached a WORD version as well as a copy of the proposed Ordinance Amendment.
Thank you
Peter
Peter Lund
Manager, Customer Service& Utilities Education and Compliance
Public Utilities Department/Financial Operations
Collier County
Telephone: (239)252-2357
Cell: (239) 877-8304
email: peterlundCa@colliergov.net
Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send
electronic mail to this entity.Instead,contact this office by telephone or in writing.
1
17
a
Ann P. Jennejohn
From: Neet,Virginia
Sent: Friday,June 12, 2015 3:52 PM
To: Lund, Peter; Minutes and Records
Cc: Brock, Mary Jo
Subject: RE:Advertising Request
Ann:
Please note that this is on the 6/23 agenda requesting authorization to advertise,so it cannot be advertised
earlier. Either Peter or I will call you to stop the process should the BCC not authorize.
Dinny
From: LundPeter
Sent: Friday, June 12, 2015 3:44 PM
To: MinutesandRecords @collierclerk.com
Cc: NeetVirginia; BrockMaryJo
Subject: Advertising Request
Ann,
Please find attached the signed Advertising Request for the Amendment to the Solid Waste Collection
Ordinance, to be published by June 26.
I have also attached a WORD version as well as a copy of the proposed Ordinance Amendment.
Thank you
Peter
Peter Lund
Manager, Customer Service& Utilities Education and Compliance
Public Utilities Department/Financial Operations
Collier County
Telephone: (239)252-2357
Cell: (239) 877-8304
email: peterlund @colliergov.net
Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send
electronic mail to this entity.Instead,contact this office by telephone or in writing.
1
Ann P. Jennejohn 1 • A
From: Ann P.Jennejohn
Sent: Friday, June 12, 2015 4:52 PM
To: Lund, Peter
Cc: Neet, Virginia
Subject: RE:Advertising Request
Hi there,
I'll forward a proof for the June 26th notice as soon as I receive it, and if for some
reason the advertising is not approved on June 23rd, we can simply kill the ad.
Thank you, have a nice weekend!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239-252-8406
239-252-8408 (Fax)
From: Lund, Peter
Sent: Friday, June 12, 2015 3:44 PM
To: Minutes and Records
Cc: Neet, Virginia; Brock, Mary Jo
Subject: Advertising Request
Ann,
Please find attached the signed Advertising Request for the Amendment to the Solid Waste Collection
Ordinance, to be published by June 26.
I have also attached a WORD version as well as a copy of the proposed Ordinance Amendment.
Thank you
Peter
Peter Lund
Manager, Customer Service& Utilities Education and Compliance
Public Utilities Department/Financial Operations
Collier County
Telephone: (239) 252-2357
Cell: (239) 877-8304
email: peterlund(cr7colliergov.net
1
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ORDINANCE NO.2015-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2005-54,
WHICH RE-ESTABLISHED TWO MUNICIPAL SERVICE BENEFIT
UNITS, KNOWN AS SERVICE DISTRICT NO. 1 AND SERVICE
DISTRICT NO. 2, FOR THE PURPOSE OF PROVIDING AND
REGULATING SOLID WASTE COLLECTION, DISPOSAL AND
ADMINISTRATION WITHIN THE BENEFIT UNITS, SPECIFICALLY
AMENDING SECTION ONE, DEFINITIONS; SECTION ELEVEN,
SOLID WASTE COLLECTION, DISPOSAL AND ADMINISTRATION
SERVICE CHARGE PRIOR TO INITIATION OF ANNUAL SPECIAL
ASSESSMENT; SECTION EIGHTEEN, OWNERSHIP OF SOLID WASTE
AND PROGRAM RECYCLABLES; SECTION NINETEEN,
RESPONSIBILITIES OF CONTRACTOR AND CUSTOMER FOR SOLID
WASTE COLLECTION; SECTION TWENTY, TERMINATION OF
SERVICE BY CONTRACTOR; SECTION TWENTY-ONE, EXEMPTION
PERMITS FOR COMMERCIAL AND RESIDENTIAL PROPERTY;
PROCEDURE FOR OBTAINING AND REVOKING EXEMPTION
PERMITS; AND SECTION TWENTY-FOUR, PENALTIES; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section 1 of the Florida Constitution and Sections 125.01 and
125.66,Florida Statutes, grant to the Board of County Commissioners of Collier County, Florida,
("Board") all powers of local self-government to perform County functions and to render
services for County purposes in a manner not inconsistent with general or special law, and such
powers may be exercised by the enactment of County ordinances;and
WHEREAS, Sections 125.01(1) and 403.706, Florida Statutes, grant the Board the
authority to regulate solid waste collection and disposal services within the County; and
WHEREAS, Chapter 403, Florida Statutes, grants the Board the authority to implement a
comprehensive recycling program in the County; and
WHEREAS, through its adoption of Ordinance No. 2005-54, the Board exercised its
authority under Section 125.01(1), Florida Statutes, to create two (2) municipal service benefit
units (Service District No. 1 and Service District No. 2) for the collection, disposal, and
administration of solid waste generated in the unincorporated areas of the County and to finance
such operations with funds derived from special assessments, service charges, and fees within
such units, and
Words Underlined are added;Words&Fmk-Through are deleted 4
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WHEREAS, the Board has determined that it is necessary to amend Ordinance
No. 2005-54 in order to update and clarify certain provisions within the Ordinance and provide
additional alternatives where ingress and egress to residential real property for curbside service is
prevented.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO.2005-54.
Section One of Ordinance No. 2005-54 is hereby amended to read as follows:
SECTION ONE: DEFINITIONS.
A. For the purposes of this Ordinance, the definitions contained in this Section 1
shall apply unless otherwise specifically stated. When not inconsistent to the context, words
used in the present tense include the future, words in the plural number include the singular, and
words in the singular number include the plural. The word "shall" is always mandatory and not
merely discretionary.
1. Assessment Roll: The list that identifies all of the taxable real property in
Collier County, as described in Section 8 of this Ordinance.
2. Benefit Unit: Each of the two (2) municipal service benefit units
established hereunder.
-4-3. Biological Waste: Those wastes that cause or have the capability of
causing disease or infection including, but not limited to, Biomedical Waste, diseased or dead
animals, and other wastes capable of transmitting pathogens to humans or animals. This term
does not include human remains that are disposed of by Persons licensed under Chapter 470,
Florida Statutes.
3 4. Biomedical Waste: Any solid or liquid waste which may present a threat of
infection to humans, including non-liquid tissue, body parts, blood, blood products, and body
fluids from humans and other primates; laboratory and veterinary wastes which contain human
disease-causing agents; and discarded sharps. The following are also included:
Words Underlined are added;Words StFusli-Thfeugh are deleted
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(a) used absorbent materials saturated. with blood, blood products,
body fluids, or excretions or secretions contaminated with visible
blood;
(b) absorbent materials saturated with blood or blood products that
have dried;and
(c) non-absorbent, disposable devices that have been contaminated
with blood, or body fluids or secretions or excretions visibly
contaminated with blood, if the devices have not been treated by an
approved method.
5. Board: The Board of County Commissioners of Collier County, Florida,
or the Board's designee.
6. Bulk Waste: Any large discarded household item that cannot be placed in
a Curbside Container because of its size, volume, shape or weight. Bulk Waste includes, but is
not limited to, sofas, tables, sinks, toilets, other fixtures, furniture, ladders, and carpet. Bulk
Waste does not include White Goods,Electronic Equipment, or Extraordinary Waste.
7. Certificate of Occupancy, or Certificate of Completion: A document
issued by the County certifying that a newly constructed building has been constructed in
compliance with County specifications and is suitable for use.
8. Clerk: The Clerk of the Circuit Court of Collier County, Florida, acting as
the Clerk of the Board,or the Clerk's designee.
9. Collection: The process of picking up, transporting, and dropping off
Residential Waste and Commercial Waste at the Designated Sites; or the process of picking up,
transporting,and dropping off Exempt Materials at a licensed disposal site or Recycling Facility.
10. Collection Container: Any container approved by the Manager for storage
and collection of Solid Waste.
11. Collection Service: Residential Curbside and Non-curbside Collection
Service and/or Commercial Collection Service.
9 12. Commercial Container: A dumpster, roll-off container, compactor, or
other container, except a Roll Cart, that is approved by the Manager for the collection of Solid
Waste or Recyclable Materials from commercial Customers. Commercial containers used for
Words Underlined are added;Words StFuek—Through are deleted
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garbage or recycling shall have lids which remain closed except when materials are being
deposited.
4-8 13. Commercial Real Property: Real property that is located in a Benefit
Unit and not classified as Residential Real Property. Commercial Real Property includes
property used primarily for: (a) commercial purposes, such as hotels, motels, stores, restaurants,
theaters, service stations, agriculture,horticulture,and recreational vehicle parks; (b) institutional
purposes, such as governmental offices, churches, hospitals, and schools; and (c) not-for-profit
organizations. Commercial Real Property shall not include commercially zoned property that is
used primarily for residential purposes. Vacant land, not classified as Improved Real Property,
shall be deemed Commercial Real Property.
4414. Construction and Demolition (C&D) Debris: Discarded materials
generally considered to be not water soluble and non-hazardous in nature, including, but not
limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and
lumber, resulting from the construction,—or destruction, or renovation of a structure, as part of a
construction or demolition project, or renovation of a structure, and including such debris from
construction of structures at a site remote from the construction or demolition project site. The
term and includinges rocks, soils, tree remains, trees, and other vegetative matter that normally
results from land clearing or land development operations for a construction project: and clean
cardboard,paper,plastic,wood and metal scraps from a construction project; effective January 1
1997, except as provided in Section 403.707(12)(i), F.S., unpainted, non-treated wood scraps
from facilities manufacturing materials used for construction of structures of their components
and unpainted,non treated wood pallets provided the wood scraps and pallets are separated from
other solid waste where generated and the generator of such wood scraps or pallets implements
reasonable practices of generating industry necessary to minimize the commingling of wood
scraps or pallets with other solid waste; and de minimis amounts of other non-hazardous wastes
that are generated at construction or demolition projects, provided such amounts are consistent
with best management practices of the construction and demolition industries. Mixing of
construction and demolition debris with other types of solid waste will cause it to be classified as
other than construction and demolition debris.
4 15. Contractor: The Person(s) authorized by the County to collect and
transport Solid Waste in a Service District pursuant to a Service Agreement.
Words Underlined are added;Words StruelE-Thfougl+are deleted
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4-3 16. Curbside: A location within three (3) feet of the curb, pavement, or
edge of the nearest street. If this location is in a drainage ditch, Curbside shall mean a location
adjacent to the Customer's driveway,as close as possible to the nearest roadway.
44 17. Curbside Container: (a) a metal or plastic container with a tight fitting
lid, with two handles on the sides, with or without wheels,used for the collection of Garbage and
Rubbish; and (b) a Roll Cart, and(c) a heavy duty plastic bag sufficient in strength for handling
by the Contractor, used to contain excess garbage and rubbish, provided the bag is closed and
unbroken at the time of collection.
44 18. Customer: Any Person that uses a Contractor's services for the
collection of Solid Waste, as provided by this Ordinance.
4-6 19. Division Department: The Collier County Public Utilities Department
Division, Financial Operations Division Department or the County
division department to which the Manager assigns the responsibility of administering this
Ordinance.
4-7 20. Dwelling Unit: A room or rooms constituting a separate, independent
establishment with cooking facilities/kitchen, a separate entrance, and bathroom facilities, and
physically separated by a wall or a door from any other rooms or Dwelling Units which may be
in the same structure or in separate structures. A hotel or motel room is not a Dwelling Unit.
4S 21. Electronic Equipment: Electronic devices that have been discarded,
including, but not limited to, computers, monitors, televisions, cathode ray tubes, printers,
scanners, fax machines,game machines, and telephones.
4-9 22. Exemption Permit: The County's authorization for a Person, other than
a Contractor, to collect, transport and dispose of Solid Waste, as provided in Section 21 of this
Ordinance.
20 23. Extraordinary Wastes: Wastes that require extraordinary management,
including, but not limited to: abandoned automobiles; boats; tree trunks greater than four (4) feet
in length, four (4) inches in diameter and fifty (50) pounds in weight; dead animals; agricultural
and industrial wastes; Biomedical Waste; Biological Waste; Radioactive Waste; and Hazardous
Waste.
Words Underlined are added;Words ick Through are deleted
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2I 24. Garbage: All kitchen and table food waste, and animal or vegetative
waste that is attendant with or results from the storage, preparation, cooking, or handling of food
materials.
25. Garbage Roll Cart: A heavy-duty plastic container that is mounted on
two wheels, complies with the specifications established by the Manager, and is used for the
collection of Garbage and Rubbish.
22 26. Hazardous Waste: Solid Waste, or a combination of Solid Wastes,
which, because of its quantity, concentration, or physical, chemical, or infectious characteristics,
may cause, or significantly contribute to, an increase in mortality or an increase in serious
irreversible or incapacitating reversible illness or may pose a substantial present or potential
hazard to human health or the environment when improperly transported, disposed of, stored,
treated, or otherwise managed. Hazardous Waste includes any material or substance identified
as a Hazardous Waste or hazardous substance in the Florida Administrative Code, Florida
Statutes, or other applicable law.
23 27. Holiday: Independence Day, Thanksgiving Day, Christmas Day, and
any other day so designated by the Board of County Commissioners.
24 28. Improved Real Property: Any cleared, graded or drained real property
upon which a building or structure is erected and occupied or capable of being occupied (i.e., a
County Certificate of Occupancy has been issued) for residential, commercial, institutional or
industrial use. Improved Real Property includes but is not limited to recreational vehicle parking
lots contained within parks designated as mobile home parks by the County Health Department.
25 29. Land Clearing Debris: •- . . .. . - .. - _ . . . , -
• -• - • - •. - . •-_ • ' • •• • - :. - •:• . . . Means rocks, soils, tree remains,
trees and other vegetative matter which normally results from land clearing or land development
operations for a construction project. Land Clearing debris does not include vegetative matter
from lawn maintenance, farming operations, nursery operations, or any other source not related
directly to a construction project.
26 30. Manager: The County Manager of Collier County, Florida, or the
Manager's designee.
Words Underlined are added;Words Stfuelf--Thr-etgh are deleted
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2-7 31. Multi-Family Residence: A group of three or more Dwelling Units
within a single building,attached side-by-side or one above another, wherein each Dwelling Unit
is may be individually owned or leased on land which is under common or single ownership.
24 32. Non-Collection Notice: A durable tag or sticker used to notify a
Customer that the Customer's container or waste material has not been set out in compliance
with the requirements of this Ordinance.
39 33. Non-Conforming Residential Waste #Iatepial: Any non-recyclable
material that is set out for collection in a recycling specified container;that is not in accordance
with the requirements of this ordinance :. : • -_ - . : - . . .
30 34. Non-Program Recyclables: Recyclable Materials that are not Program
Recyclables,but are segregated from other materials in the waste stream.
34-35. Person: Any and all persons, natural or artificial, including any
individual, firm, partnership, joint venture, or other association, however organized; any
municipal or private corporation organized or existing under the laws of the State of Florida or
any other state; any county or municipality; and any governmental agency of any state or the
federal government.
36. Primary Service: The type of service regarded as the primary service to
any property that consists of mixed residential and commercial customers.
37. Private Hauler: Any person and or enterprise engaged in the private
business of collecting and transporting Commercial Recyclables
32 38. Program Recyclables: Recyclable Materials that have been designated
by the Board for collection from residential and/or commercial Customers, and are segregated
from other materials in the waste stream.
33 39. Radioactive Waste: Any equipment or materials that are radioactive or
have radioactive contamination, and are required by law to be stored, treated, or disposed of as
radioactive waste.
34 40. Rate Resolution: A resolution adopted by the Board under the
provisions of Section 9 of this Ordinance and Collier County Ordinance No. 84-31, establishing:
(a) the annual Special Assessments to be imposed upon the owners of Residential Real Property
in the Benefit Units for the forthcoming fiscal year (October 1 through September 30 of the
following year); (b) the rates, fees and charges for the collection of Solid Waste by the
Words Underlined are added;Words trough are deleted
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Contractor(s)from Commercial Real Property; and(c)the rates, fees and charges for the disposal
of Solid Waste at the County-authorized Solid Waste management facilities.
35-41. Recovered Materials: Metal, paper, glass, plastic, textile, or rubber
materials that have known recycling potential, can be feasibly recycled, and have been diverted
and source separated or have been removed from the waste stream for sale, use, or reuse as raw
materials, whether or not the materials require subsequent processing or separation from each
other, but does not include materials destined for any use that constitutes disposal. Recovered
Materials as described above are not Solid Waste. Recovered Material does not include any
material or substance that does not fit within one of the six categories described in this definition
(metal,paper, glass,plastic,textile, or rubber).
36 42. Recyclable Materials: Materials which are capable of being recycled
and which would otherwise be processed or disposed of as Solid Waste. This term encompasses
Program Recyclables and Non-Program Recyclables.
3-7 43. Recycling Bin: An eighteen (18) gallon green bin or similar container
that is approved by the Manager and used for the collection of Program Recyclables.
38 44. Recycling Roll Cart: A heavy-duty plastic container that is mounted on
two wheels, has a yellow lid and complies with the specifications established by the Manager,
and is used for the collection of Recyclable Materials.
45. Residential Customer: A Person who occupies Residential Real Property
located within a County established municipal service benefit unit and who receives Residential
Curbside Collection Service or Residential Non Curbside Collection Service.
46. Residential Non-Curbside Collection Service: The collection of residential
Waste from Residential Customers who occupy a Multi-Family Residence and who do not
receive Residential Curbside Collection Service.
47. Residential Non-Curbside Collection Service Exemption: The collection of
Residential Waste from Residential Customers who occupy a Multi-Family Residence or single
family residence and who are not exempted from the special assessment and do not receive
Residential Curbside Service due to temporary or permanent site conditions which prevent
ingress and/or egress of collection vehicles.
39 48. Residential Real Property: Improved Real Property that is located in a
Benefit Unit and used for residential purposes, including, but not limited to: Dwelling Units;
Words Underlined are added;Words Strusk-Thr-oagh are deleted
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single family residences; duplex apartments; apartment buildings; recreational vehicle lots;
mobile homes lots; condominium units; cooperatives established pursuant to Chapter 719,
Florida Statutes; time-share apartments; leased residential premises of the classes described
above, whether occupied or not; and premises occupied as a residence located in or upon
commercially zoned real property; provided, however, that where property is used exclusively as
a recreational vehicle park, as defined in Section 513.01(10), Florida Statutes, such property
shall be deemed Commercial Real Property.
40 49. Roll Cart: A heavy-duty plastic container that is mounted on two
wheels; and complies with the specifications established by the Manager, and is used for the
4-1-50. Rubbish: Waste materials, other than Garbage, resulting from normal
housekeeping activities on Residential Real Property and Commercial Real Property. Rubbish
includes but is not limited to discarded trash, and recyclables such as paper, plastic, bottles, cans
and similar materials.
51. Self Hauler: Any owner, occupier, or authorized agent of Real Property
approved by the Manager to remove Solid Waste generated on their own premises. The owner of
multiple properties may service all suchproperties.
42 52. Service Agreement: An agreement between the County and a Contractor
providing an exclusive franchise for the collection of Solid Waste in a Service District.
43 53. Service District: The area served by a Contractor pursuant to a Service
Agreement.
-44-54. Service Year: Twelve (12) consecutive months, beginning on October 1
and ending on September 30 of the following year.
43 55. Sludge: The accumulated solids, residues, and precipitates generated as
a result of waste treatment or processing, including wastewater treatment, water supply
treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped
from septic tanks, grease traps,privies, or similar waste disposal appurtenances.
46 56. Solid Waste: Sludge unregulated under the federal Clean Water Act or
Clean Air Act, Sludge from a waste treatment works, water supply treatment plant, or air
pollution control facility, or Garbage, Rubbish, refuse, Special Waste, or other discarded
material, including solid, liquid, semi-solid, or contained gaseous material resulting from
Words Underlined are added;Words ask- eagh are deleted
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domestic, industrial, commercial, mining, agricultural or governmental operations. Solid Waste
includes but is not limited to Biological Waste, Biomedical Waste, Bulk Waste, C&D Debris,
Electronic Equipment, Garbage, Hazardous Waste, Land Clearing Debris, Radioactive Waste,
Recyclable Materials (until they are recycled), Rubbish, Special Waste, Tires, White Goods and
Yard Trash/Biomass.
4-7 57. Special Assessment: The non-ad valorem assessment that is levied upon
certain real property in unincorporated Collier County and used to provide funding for the
County's Solid Waste management program.
48 58. Special Assessment Roll: The list that is prepared pursuant to Section 10
of this Ordinance and identifies the properties in the Benefit Units that are subject to the Special
Assessments.
59. Special Events: Special Events are those events requiring a Temporary
Use Permit, the issuance of which subjects the applicant to enter into a contract with the
County's designated contractor for garbage collection and the submission of a recycling plan for
the duration of the event.
4-9 60. Special Waste: Solid Waste that can require special handling and
management, including, but not limited to, White Goods, Tires, used oil, lead-acid batteries,
C&D Debris, ash residue, Yard Trash/Biomass, Biological Waste, Hazardous Waste, and
Biomedical Waste.
50 61. Tires: Discarded automotive tires, including rims, but excluding tires
that exceed 25 33 inches in diameter.
5-1.62. Trust Fund: The Solid Waste Special Assessment Trust Fund
established by Section 6 of this Ordinance.
52 63. White Goods: Large discarded appliances, including but not limited to,
refrigerators, ranges, washing machines, clothes dryers, water heaters, freezers, microwave
everts, and air conditioners:,or similar domestic and commercial large appliances.
53 64. Yard Trash/Biomass: Vegetative matter resulting from landscaping
maintenance, including, but not limited to shrub and tree trimmings, grass clippings, palm
fronds,branches and stump. However, such items shall not be considered Yard Trash/Biomass if
they are collected by a commercial landscape company or other Person that provides lawn and
garden maintenance services for remuneration.
Words Underlined are added;Words S elf-Through are deleted
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65. Yard Trash/Biomass Container: (a)A metal or plastic container, with two
handles, with or without wheels, with a capacity of not to exceed forty-five (45) thirty two (32)
gallons,designed by the manufacturer for the purpose of containing solid waste. (b)A paper sack
designed by the manufacturer for the purpose of containing yard trash/biomass. All Yard
Trash/Biomass containers are subject to the approval of the Manager.
B. Pursuant to Section 403.7031, Florida Statutes, the definitions in this Section 1 are
intended to be consistent with the definitions contained in Section 403.703, Florida Statutes.
SECTION TWO: AMENDMENT TO SECTION ELEVEN OF ORDINANCE NO.
2005-54.
Section Eleven of Ordinance No. 2005-54 is hereby amended to read as follows:
SECTION ELEVEN: SOLID WASTE COLLECTION, DISPOSAL AND ADMINISTRATION
SERVICE CHARGE PRIOR TO INITIATION OF ANNUAL SPECIAL
ASSESSMENT.
A Solid Waste collection, disposal and administration service charge shall be imposed
against each owner of Residential Real Property at the time a Certificate of Occupancy is issued
by the County. Until an annual Special Assessment is levied against such Residential Real
Property in accordance with the procedures delineated herein, the amount of the service charge
shall be a prorated share of the annual Special Assessment. The charge shall be paid at the time
of issuance of a Certificate of Occupancy, and transferred into the Trust Fund. Residential Real
Property that is evidenced as no longer habitable by means of a completed demolition permit,
and/or a physical onsite inspection by a duly authorized representative of the county shall be
exempted from the annual Special Assessment.
SECTION THREE: AMENDMENT TO SECTION EIGHTEEN OF ORDINANCE NO.
2005-54.
Section Eighteen of Ordinance No. 2005-54 is hereby amended to read as follows:
SECTION EIGHTEEN: OWNERSHIP OF SOLID WASTE AND PROGRAM
RECYCLABLES.
A. From the time that Solid Waste and Program Recyclables are placed at the Curbside or
other authorized location for collection by the County or the Contractor, such materials shall be
Words Underlined are added;Words Smelt-Through are deleted
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1 7 q
the sole property of the County. No Person shall have the right to take, keep, process, alter,
remove or otherwise sell or dispose of such materials, without the prior written approval of the
Manager.
B. It shall be a violation of this Ordinance for anyone other than authorized agents of Collier
County or the authorized solid waste contractor(s) as identified in this Ordinance to place any
type of solicitation material including but not limited to advertisements, stickers, pamphlets,
business cards, mail, newspapers, banners, notices or signs of any kind on any Garbage or
Recycling Roll Cart or Recycling Bin.
C. It shall be a violation of this Ordinance for anyone other than authorized agents of Collier
County, or the authorized solid waste contractor(s) as identified in this Ordinance to remove,
repair,or replace Garbage or Recycling Roll Carts or Recycling Bins.
SECTION FOUR: AMENDMENT TO SECTION NINETEEN OF ORDINANCE NO.
2005-54.
Section Nineteen of Ordinance No. 2005-54 is hereby amended to read as follows:
SECTION NINETEEN: RESPONSIBILITIES OF CONTRACTOR AND CUSTOMER FOR
SOLID WASTE COLLECTION.
The Contractor shall collect Solid Waste from Residential Real Property and Commercial
Real Property, and Customers shall set out their Solid Waste for collection by the Contractor, as
follows:
A. All collection services provided by the Contractor under the terms of this
Ordinance shall be performed in a professional manner in compliance with the Service
Agreement, as amended, which is hereby incorporated into this ordinance and subject to the
penalties provided herein,and all applicable local, state and federal laws. If there is any conflict
between the Service Agreement and this Ordinance, this Ordinance shall take precedence. Any
litter or spillage caused by the Contractor shall be removed immediately by the Contractor.
B. Collection service shall be provided by the Contractor on Monday through
Saturday, except Holidays. The Contractor shall not be required to provide collection service on
Holidays or during a local emergency, as declared by the Board. Should a Holiday occur on the
date designated as a Customer's collection day, the next collection for that Customer shall take
place no later than the next regular collection day for the Customer. In the event of a Federal or
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-03
Page 12 of 26
17 A
State Disaster Declaration or Declared State of Emergency, collection services outlined in this
Ordinance may be revoked, suspended or altered.
C. Residential Real Property:
1. Except as otherwise provided herein or in the Service Agreement, the
Contractor shall collect, remove and dispose of the Solid Waste set out for collection by
residential Customers. At a minimum, Residential Real Property in the Benefit Units shall be
provided collection service at Curbside for the following materials, subject to the provisions of
the Service Agreement: (a) Garbage and Rubbish; (b) Yard Trash/Biomass; (c) Program
Recyclables; (d) Bulk Waste; (e) White Goods; (f) Tires; (g) Batteries; and (gl) Electronic
Equipment. Hazardous Waste shall not be placed in roll carts or curbside containers for
collection by the contractor. Hazardous Waste should be taken to a county Recycling Drop-Off
Center or the Hazardous Materials Collection Center for disposal, this includes pharmaceutical
and medicinal waste and hypodermic devices (SHARPS) suitably contained in a heavy plastic
container.
2. Except as otherwise provided herein, residential Customers shall use
Garbage Roll Carts C••rbalde Container3 for the collection of Garbage;and Rubbish. Residential
Customers may use heavy-duty plastic bags for excess Garbage or Rubbish. Yard
Trash/Biomass containers may be used for the collection of garbage and rubbish in areas that are
approved for such service by the Manager.
3. Curbside Containers and Yard Trash/BioMass Containers are subject to
the Manager's approval and shall: (a) be constructed so as to prevent intrusion by-water-and
• • , - - •• •,• - • • ; (b) have a cover that is free from sharp edges; and
(c)not have inside structures that prevent the free discharge of the container's contents. Curbside
Containers, except Roll Carts, shall not exceed forty-five (45)gallons in capacity
OF and fifty (50) pounds in weight when filled. The amount of discarded waste placed in a
Garbage Roll Cart or Recycling Roll Cart shall not exceed the weight limit as specified on the
Roll Cart.
4. Program Recyclables shall be set out for collection in a Recycling Roll
Cart er-Recyeling-lam. Program Recyclables may be set out in a Recycling Bin in areas approved
by the Manager for such service. Cardboard placed in a Recycling Roll Cart or Recycling Bin
shall be flattened and, if necessary, cut to a size to fit into the Recycling Roll Cart without
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17A
binding or preventing the release of the recycling during collection. maximum size of 3 ft. x 3 ft.
Cardboard may also be stacked and placed outside the Recycling Cart or Recycling Bin, any
cardboard so stacked must be cut to a maximum size of 3 ft. x 3 ft. Residential Customers may
use heavy-duty clear plastic bags for excess recyclables.
5. Discarded materials from small household repairs, renovations or projects
shall may be placed in a Garbage Roll Cart. No other Commercial and Demolition (C&D)
Debris shall be placed at the Curbside. C&D generated by the property owner or tenant that
cannot be contained within a Roll Cart shall be transported by the property owner or tenant to an
approved county facility for disposal. C&D Debris generated on Residential Real Property by a
licensed builder or contractor shall be removed by the builder or contractor.
6. Garbage Roll Carts,Curbside Containers;Recycling Roll Carts, Recycling
Bins, Yard Trash/Biomass Containers,and any non-containerized waste appropriate for Curbside
collection shall be placed at the Curbside prior to 6:00 a.m. on the scheduled collection day.
However, these containers and materials shall net be placed at Curbside
(24)—hour—prier no earlier than 6:00 p.m. the day prior to the Customer's next regularly
scheduled collection day. Such containers and materials shall be placed at least three (3) four(1)
feet from mailboxes or other obstacles. The Customer shall remove from the Curbside all
Curbside Containers, Garbage Roll Carts, Recycling Roll Carts and Recycling Bins within
- .. - . . - ' _. - .• _ . - -- - - by 6:00 a.m. on the
day after the scheduled service is completed.
7. A residential Customer shall not set out for collection more than four (4)
Tires with or without rims less than 33 inches in diameter and two (2) lead acid batteries per
month.
8. A residential Customer shall contact the Manager at least forty-eight (48)
hours before the Customer's regularly scheduled collection day if the Customer wishes to receive
Curbside collection of Bulk—Waste; White Goods, Electronic Equipment, Tires, or lead acid
batteries.
9. Garbage and similar putrescible waste shall not be collected, stored, or set
out in an open, uncovered Collection Container.
10. Solid Waste and Yard Trash/Biomass shall not be placed in the same
Curbside Container.
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11. Yard Trash/Biomass shall not be placed in Garbage Roll Carts, Recycling
Roll Carts, or Recycling Bins. Yard Trash/Biomass placed in Yard
Trash/Biomass Containers shall not exceedfour (4) f et in length fifty (50)pounds in weight,
- - - .. . _ .. . •. four(4)
feet in length, or four (4) inches in diameter. Yard Trash/Biomass shall not be set out for
collection in plastic bags. :. _ . • . . ._ - .. _. __ - .. . . A
combination of no more than ten (10) bundles, paper bags or personal containers will be
collected at one time.
12. Yard Trash/Biomass that is not placed in a Curbside Yard Trash/Biomass
Container shall be bundled and securely tied with twine a cord or other material strong enough to
support the weight of the bundle. Non-containerized Yard Trash/Biomass shall not exceed fifty
(50) pounds in weight, four (4) feet in length, or four (4) inches in diameter. The foregoing
restrictions also shall apply to other types of non containerized Solid Waste, except Bulk Waste
and Extraordinary Waste.
13. Customers shall not overfill Garbage Roll Carts, Recycling Roll Carts, or
Commercial Containers such that lids cannot be fully sesurel-y closed. Overfilled roll carts and
containers are a potential hazard when lifted by the automatic arm of the collection vehicles.
14. The Contractor shall provide for the collection of Bulk Waste, White
Goods, and Electronic Equipment, subject to the provisions of this Ordinance and the Service
Agreement. Such materials shall be placed at Curbside and shall not include vehicles, vehicle
component parts, boats or boat trailers or their component parts, or liquid waste. Further, Bulk
Waste shall be disassembled, if possible, into sections or pieces of less than fifty (50) pounds in
weight and four (4) feet in length, prior to pickup by the Contractor. Prior to placement at the
Curbside, doors on White Goods shall be taken off the discarded units, or securely locked from
the outside to prevent the entrapment of children.
15. Garbage Roll Carts, Recycling Roll Carts, or Recycling Bins
unserviceable due to loss or customer negligence, will be replaced, and the customer shall pay
the contractor's invoice price plus a delivery fee. The invoice price is subject to change at the
Manager's approval. The delivery fee is set forth in the Solid Waste Rate Resolution as
amended.
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Page 15 of 26
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-1416. Owners of Residential Real Property may negotiate separate arrangements
directly with the Contractor for services additional to those established herein and in the Service
Agreement. The County shall not be responsible for the administration of or payment for any
such arrangements.
D. Ingress and Egress to Residential Real Property:
1. Subject to the conditions contained herein, ingress and egress to
Residential Real Property on private roads must be provided by the affected property owners for
the Contractor. Ingress and egress includes but is not limited to maintaining suitable conditions
and widths on the roads, providing adequate room for vehicles to turn around, and managing
overhanging tree limbs. If part or all of a private road is inaccessible by the Contractor, the
County shall investigate and provide suggestions to the appropriate Home Owner's Association
(HOA) or property owners if there is no HOA. If the HOA or affected property owners do not
agree to provide access for the Contractor, the Customer's Curbside Containers shall be placed
on the closest public right-of-way that is accessible to the authorized Contractor, at a location
designated by the Manager that will not obstruct motor vehicle traffic, pedestrian passage, or
stormwater drainage.
2. Owners of single family residences not exempt from the Special
Assessment and receiving Residential Curbside Service, whose property is made incapable of
receiving residential curbside collection as described in Section 19 of this Ordinance due to site
conditions which prevent ingress and egress of collection vehicles and/or curbside placement of
items for collection may apply for a permit to receive Residential Non Curbside service in the
form of commercial container service provided that the following criteria are met, and approved
by the Manager: (1) Property owners must make every reasonable effort to provide ingress
and/or egress to collection vehicles before making application, (2) Placement of Garbage Roll
Carts, Recycling Roll Carts, Yard Trash/Biomass and bulk waste at the nearest County right of
way must be impossible or impractical due to public health, safety, welfare concerns, (3) The
property owners must provide an area for commercial container placement that complies with the
Collier County Land Development Code for commercial container enclosures and screening as
amended, and(4) Should the site conditions that prevent ingress and egress of collection vehicles
and/or curbside placement of items for collection be temporary, a plan for rectifying the
condition along with timetables must be submitted with the application.
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Page 16 of 26
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3. Residential Customers who occupy a Multi-Family Residence or single
family residence and who are not exempted from the special assessment and do not receive
Residential Curbside Service due to temporary or permanent site conditions that prevent ingress
and/or egress of collection vehicles, may make application to have Residential Non-Curbside
Service,or Self Haul Exemption permit, subject to the Manager's approval.
E. Commercial Real Property:
1. Except as authorized by Section 403.7046, Florida Statutes, the provisions
of this Ordinance do not apply to the collection of Recovered Materials that are generated on
Commercial Real Property.
2. Except as otherwise provided herein,owners of Commercial Real Property
shall enter into a contract with a Contractor and shall pay the County's approved rates for the
collection of those types of Solid Waste that are subject to the Contractor's exclusive franchise.
At a minimum all Commercial Real Property that generates Garbage and Rubbish shall contract
for an appropriate size container for garbage storage and collection. Unoccupied and unused
Commercial Real Property shall not be required to contract for solid waste collection service
subject to inspection and verification of vacancy by authorized County Code Enforcement
Official. Tenants of owners of Commercial Real Property, who run a commercial business may
enter into a contract with a Contractor with the approval of the property owner. A copy of the
current contract with the Contractor shall be available for inspection at the property being
serviced. Any violations of this ordinance or other county ordinances by the tenant shall subject
the property owner to the penalties hereinafter provided.
3. The minimum collection frequency for Commercial Real Property shall be
one time per week, with collection not more than seven (7) calendar days apart, except for
Holidays. The minimum collection frequency for restaurants, grocery stores and other facilities
that generate significant quantities of Garbage and other types of putrescible waste shall be twice
per week. Organizers of Special Events shall, in accordance with the event permit, ensure that
sufficient containers and collection frequency are contracted to maintain Garbage or Recyclables
containment until final disposal can be accomplished.
4. Collection service for Commercial Real Property shall be provided with a
Commercial Container; however, a commercial Customer that generates one (1) cubic yard or
less per week of Solid Waste may use up to two (2) Garbage Roll Carts .
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Page 17 of 26
SIA
Where access or space restrictions prevent a two (2)cubic yard or greater Commercial Container
from being provided,the Manager may approve a variance for additional Roll Carts to be used at
the relevant Commercial Container rate.
5. Commercial Waste, Residential Waste, and Yard Trash/Biomass shall not
be placed in the same collection container. Commercial Containers shall be placed on a paved or
concrete level surface. All approaches to Commercial Containers shall be capable of supporting
the weight of the Collection vehicle. All Collection Containers shall be placed in locations that
allow easy access and convenient use by Customers, and are readily accessible to the
Contractor's vehicles. In the event the Customer and Contractor cannot agree upon an
appropriate location for a Collection Container, the Manager shall mediate the dispute and
designate the point of Collection.
6. Where Commercial Real Property utilizes a contractor compactor or a
third party compactor and any such compactor breaks down, alternative County approved
Commercial Container(s)must be provided or contracted and serviced at appropriate frequencies
until the compactor is repaired and returned to service.
F. Multi-Family Collection Service:
1. Customers occupying Multi-Family Residences shall receive residential
curbside collection service or eemmereial residential non-curbside collection service. A
Customer occupying a Multi-Family Residence shall receive residential curbside collection
service if the Customer pays the County's Special Assessment or receives the Manager's approval
for such service. All other Customers occupying Multi-Family Residences shall receive
eommereial residential non-curbside collection service.
2. A Customer occupying a Multi-Family Residence and receiving
residential collection curbside service shall receive the same level of service, and shall be subject
to the same rates and requirements, and set out times as any other Customer receiving residential
curbside collection service.
3. A Customer occupying a Multi-Family Residence and receiving
commercial residential non-curbside collection service shall receive the same level of service,
and shall be subject to the same rates and requirements, as any other Customer receiving
commercial collection service.
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Page 18 of 26
17 A
4. _
•
•
- ' - •-- - •• - -. - - - • - - •--. The Contractors exclusive
franchise for the collection of Residential Program Recyclables includes the collection of
program Recyclables generated by those customers that occupy Multi-Family Residences, even
if the customers receive Non-curbside Collection Service.
5. Solid Waste Collection Enclosures — Accessory Structures: All newly
constructed buildings for commercial, industrial or Multi-Family use shall provide sufficient
commercial containers in proper enclosures, as approved by the Manager, to adequately contain
all solid waste generated on the premises between collections. Any commercial, industrial or
Multi-Family user who is now using an approved solid waste container other than a commercial
container shall be permitted to continue that use until such time as significant modifications or
alterations are made to the building or the use thereof. At that time, the Financial Operations
Division shall determine if commercial containers are required. All commercial, industrial or
Multi-Family users shall provide an approved commercial container or other solid waste
container as preapproved by the County.
G. Non-Collection Procedures:
1. The Contractor is not required to collect Solid Waste, Program
Recyclables, or other materials unless such materials have been set out for collection by a
Customer in accordance with the provisions of this Ordinance and the Service Agreement. If
such materials are not collected, the Contractor shall immediately place a Non-Collection Notice
on the container or Non-Conforming Material. If the Contractor does not place a Non-Collection
Notice on the container or Non-Conforming Material, the Manager may require the Contractor to
return promptly and collect the materials.
2. The Contractor may leave Non-Conforming Material, Non-Program
Recyclables, and excessively contaminated recyclables in the Customer's Recycling Cart or
Recycling Bin. If the Contractor does, the Contractor shall immediately place a Non-Collection
Notice explaining why the material was not collected.
3. In the event a Commercial Container is overfilled and cannot be safely
dumped, the Contractor shall immediately place a Non-Collection Notice on the Commercial
Container,notify the Customer,and reschedule service.
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Page 19 of 26
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4. The Contractor shall refuse to collect Solid Waste from a Customer if the
Contractor believes that the Solid Waste contains Hazardous, Radioactive, Biological or
Biomedical Waste. If the Contractor believes a Customer is depositing such waste for collection,
the Contractor shall place a Non-Collection Notice on the container, take photographs of the
improper waste(if possible),and immediately notify the Manager. If the generator of such waste
is unknown,the Contractor shall work with the Manager to identify the generator of such waste.
5. The Manager may determine that solid waste that is non-conforming,
improperly prepared or improperly set out, may constitute a significant risk to the public health,
safety and welfare and may remove the items or cause the items to be removed by a Contractor
and may pass the cost of removal along to the property owner.
SECTION FIVE: AMENDMENT TO SECTION TWENTY OF ORDINANCE NO.
2005-54.
Section Twenty of Ordinance No. 2005-54 is hereby amended to read as follows:
SECTION TWENTY: TERMINATION OF SERVICE BY CONTRACTOR.
A. Residential Real Property: The Contractor may not terminate service to any
Residential Real Property that is subject to and not exempted from the Special Assessment.
B. Commercial Real Property: The Contractor may terminate collection service
when a commercial Customer fails to pay for service and the following procedure has been
followed:
1. When a commercial Customer's payment is thirty (30) days past due, the
Contractor may mail to such Commercial Customer a notice of intent to terminate
service in ten(10)days.
2. If the commercial Customer desires to dispute the bill, the Customer shall notify
the Manager in writing within the ten (10) day period. Upon receipt of the
Customer's notice,the Manager shall resolve the dispute.
3. If the balance remains unpaid after the ten (10) day period provided above, or ten
(10) days following issuance of a written finding by the Manager, the Contractor
may discontinue collection service to the Customer. The Contractor shall notify
the Manager within one(1)day after service is terminated.
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Page 20 of 26
17
4. Upon being notified, the County shall take whatever action it deems appropriate
to enforce compliance with the provisions of the County's Ordinances, including,
but not limited to issuance of a citation.
C. In the event service is suspended or terminated, the Contractor is authorized to
remove from the Customer's premises any Commercial Containers or other equipment belonging
to the Contractor.
D. The Contractor is authorized to charge interest on delinquent accounts with
commercial Customers, based on the highest rate authorized by law, and to charge a fee for
resumption of service.
SECTION SIX: AMENDMENT TO SECTION TWENTY-ONE OF ORDINANCE
NO. 2005-54.
Section Twenty-One of Ordinance No. 2005-54 is hereby amended to read as follows:
SECTION TWENTY-ONE: SELF HAULER EXEMPTION PERMITS FOR
COMMERCIAL AND RESIDENTIAL PROPERTY;
PROCEDURE FOR OBTAINING AND REVOKING
EXEMPTION PERMITS.
A. Commercial Real Property or Residential Real Property: Any owner or occupier of
Commercial Real Property or Residential Real Property desiring to remove Solid Waste
generated on its own premises may make application to the Manager for aft a Self Hauler
Exemption Permit to remove and convey the Solid Waste to designated County facilities. Such
application shall be on a form as prescribed by the Manager. Applications shall be accompanied
by a filing fee in an amount determined by resolution of the Board. The application shall, in
addition to other items which may be specified by the Manager, contain at least the following
information:
1. Name of applicant.
2. Telephone number of applicant.
3. Facsimile number of applicant.
4. Description of activity generating the Solid Waste.
5. Description of the type of Solid Waste generated and address of premises
where such Solid Waste is generated.
6. The proposed County landfill site where the Solid Waste will be disposed.
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Page 21 of 26
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7. The vehicle(s) and personnel that will be utilized to transport such Solid
Waste.
8. Address where vehicle(s) is parked and can be inspected.
9. A copy of the registration of the vehicle(s).
10. Proof of insurance for the vehicle(s).
11. Information sufficient to establish that the equipment to be used is constructed
or equipped in a manner such that no leakage, spillage or loss of any fraction
of the load can occur.
12. A copy of the applicant's commercial occupational license, or the
Condominium Association or Homeowner Association articles of
incorporation.
Upon determining that the activity for which the Exemption Permit is sought complies
with the terms of the Ordinance, the Service Agreement, and all County, State and Federal laws
and regulations, the Manager may grant an Exemption Permit. The Exemption Permit shall
contain a certificate to be signed by the applicant, certifying that the applicant will comply with
the provisions of this Ordinance.
The Exemption Permit shall specify the County facility(ies) to which the Solid Waste
shall be conveyed and shall include any other conditions the Manager deems appropriate. All
Solid Waste being transported pursuant to an Exemption Permit must be transported in a covered
or enclosed vehicle or must be securely covered by a tarpaulin or other device that prevents the
material from falling, blowing or otherwise escaping the vehicle. Vehicles used to transport
Solid Waste pursuant to this Section 21 shall have properly functioning safety equipment,
including, but not limited to, head lights, tail lights, hazard lights, windshields, windshield
wipers, mirrors and horns. The Person receiving the Exemption Permit shall timely pay any
amounts due and owing for the use of the County facility(ies) at which the Solid Waste is
disposed. Failure to make timely payments to the County for disposal services may result in the
revocation of the Exemption Permit.
The Exemption Permit shall be effective for a period of six (6) months from the granting
thereof and may be renewed by filing an updated application and following the procedures for
the granting of the original Exemption Permit.
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Upon receipt of notice of a violation of the terms of any Exemption Permit, including the
application therefore, the Manager may revoke such Exemption Permit, after providing notice
and a hearing. An appeal from any decision of the Manager denying or revoking an Exemption
Permit may be taken to the Board. An appeal shall be initiated by filing with the Manager a
petition stating the grounds for such appeal. The petition must be filed with the Manager within
ten(10)days after the County mails notice of the permit denial or revocation by the Manager.
B. Residential Real Property: Exemption Permits for Residential
Real Property generallyr but may be issued upon the following basis and criteria:
1. The Residential Real Property for which exemption from the Special
Assessment is sought must:
a. be essentially surrounded by Commercial Real Property; and
b. provide written confirmation that its Solid Waste shall be collected
and disposed of by the owners of the adjacent Commercial Real
Property;and or
c. be part of a condominium owners' or homeowners' association of
record whose residential units are receiving commercial non-
curbside collection service with a Commercial Container, and be
incapable of receiving the curbside father—than—the—residential
collection service described in Section 19 of this Ordinance due to
site conditions which prevent ingress and egress of collection
vehicles and/or curbside placement of items for collection and/or
placement of Commercial Containers and commercial container
enclosures as required by the Land Development Code as
amended. - . . . _ . _ • - ' -• - • • ' .. ' ..
. . . •:•":
- - . _ . . •-
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Page 23 of 26
owners' or homeowners' association, by contract with the
• . •- •-• .. •. - commercial service, at the rate
Servicen gr nt
2. The Contractor providing service in the affected Solid Waste District
shall affirm in writing to the Manager that it is impractical or
economically inefficient for the Contractor to provide residential curbside
collection service or residential non-curbside service to the Residential
Real Property for which exemption is sought.
3. Application for Exemption Permit shall be made in writing by the
Residential Real Property owner, or on behalf of the Residential Real
Property owners of such condominium owners' or homeowners'
association by such condominium owners' or homeowners' association,
and shall be submitted to the Manager. ' - .. - .
fee in an amount determined by the Board. The application shall be
- • . • • •- ••-- . Multi Family applications must include an
affidavit stating that there has been a majority vote of the membership of
the association in favor of making the permit application. The Manager
may request and shall be entitled to receive relevant documentation or
confirmation of facts from the applicant and shall, in any event, render a
written decision either granting or denying the exemption request within
thirty(30) days of its submission.
4. An appeal for reconsideration may be initiated by filing with the Manager
a petition stating the grounds for such appeal. The petition must be filed
with the Manager within ten (10) days after the County mails notice of the
permit denial. After the period of limitation established herein no petition.,
appeal, or right of action shall be asserted by the Residential Real Property
owner(s). . . .•_ . •- ., _ - -_ . - -_ . - •,_ .
• -.. • -- ! -.. . . •- , - - .
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a7
Page 24 of 26
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5. After the expiration of the periods of limitation established in
• •
• -
owner.
5. A Residential Real Property exemption granted hereunder shall be
communicated to the Property Appraiser and Tax Collector by the
Manager. formalized by resolution adopted by the Board and
- •
7 6. The residential Exemption Permits granted hereunder shall have duration
of up to and no more than one (1) Service Year, whereupon the
Residential Real Property shall be subject to the Special Assessment and
Contractor's services unless a new residential Exemption Permit is
obtained pursuant to the procedures described in this Section 21 of the
Ordinance and subject to the Manager's right to revoke.
SECTION SEVEN: AMENDMENT TO SECTION TWENTY-FOUR OF ORDINANCE
NO. 2005-54.
Section Twenty-Four of Ordinance No. 2005-54 is hereby amended to read as follows:
SECTION TWENTY-FOUR: PENALTIES.
• . ..
judicial writ or proceeding notwithstanding any prosecution in the same manner as a
misdemeanor.
Violations of any section or provision of this Ordinance shall be prosecuted and punished
as provided by Section 125.69, Florida Statutes. Each day the violation continues shall constitute
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Page 25 of 26
VA
a separate offense. Additionally, the Board may bring suit for damages or to restrain, enjoin or
otherwise prevent the violation of this Ordinance,before the Special Magistrate, or, in the Circuit
Court of Collier County.
SECTION EIGHT: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction,such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION NINE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION TEN: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida,this day of , 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk TIM NANCE, CHAIRMAN
Appr ved as to fo and legality:
Scott R. Teach
Deputy County Attorney
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Page 26 of 26
17A
Acct #065797
June 15, 2015
Attn: Legals
Naples News Media
1100 Immokalee Road
Naples, FL 34110
Re: Amending Ordinance 2005-54
Dear Legals:
Please advertise the above referenced notice on Friday, June 26, 2015 and send
duplicate Affidavits of Publication, together with charges involved, to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O. #4500153831
1 7 A
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, July 7, 2015, in the Board of
County Commissioners Meeting Room, 3rd Floor, Building "F, " Collier
County Government Center, 3299 Tamiami Trail East, Naples, Florida,
34112 , the Collier County Board of County Commissioners will consider
the enactment of a County ordinance . The meeting will commence at
9 : 00 A.M. The title of the proposed ordinance is as follows :
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 2005-54, WHICH RE-ESTABLISHED TWO MUNICIPAL SERVICE
BENEFIT UNITS, KNOWN AS SERVICE DISTRICT NO. 1 AND SERVICE DISTRICT NO. 2,
FOR THE PURPOSE OF PROVIDING AND REGULATING SOLID WASTE COLLECTION, DISPOSAL
AND ADMINISTRATION WITHIN THE BENEFIT UNITS, SPECIFICALLY AMENDING SECTION
ONE, DEFINITIONS; SECTION ELEVEN, SOLID WASTE COLLECTION, DISPOSAL AND
ADMINISTRATION SERVICE CHARGE PRIOR TO INITIATION OF ANNUAL SPECIAL
ASSESSMENT; SECTION EIGHTEEN, OWNERSHIP OF SOLID WASTE AND PROGRAM
RECYCLABLES; SECTION NINETEEN, RESPONSIBILITIES OF CONTRACTOR AND CUSTOMER
FOR SOLID WASTE COLLECTION; SECTION TWENTY, TERMINATION OF SERVICE BY
CONTRACTOR; SECTION TWENTY-ONE, EXEMPTION PERMITS FOR COMMERCIAL AND
RESIDENTIAL PROPERTY; PROCEDURE FOR OBTAINING AND REVOKING EXEMPTION PERMITS;
AND SECTION TWENTY-FOUR, PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 3 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman,
a spokesperson for a group or organization may be allotted 10 minutes
to speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks prior
to the respective public hearing. In any case, written material intended
to be considered by the Board shall be submitted to the appropriate
County staff a minimum of seven days prior to the public hearing. All
material used in presentations before the Board will become a permanent
part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is based.
1. 7 A
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost
to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Division, located at 3335 Tamiami
Trail East, Suite #101, Building W, Naples, Florida 34112, (239) 252-
8380 . Assisted listening devices for the hearing impaired are available
in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIM NANCE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
1 7 A
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Monday,June 15, 2015 12:14 PM
To: Naples Daily News Legals
Subject: Amending Ordinance 2005-54
Attachments: Amending 2005-54.doc; Amending 2005-54.doc
Please advertise the attached on
Friday, June 26th, 2015.
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239-252-8406
239-252-8408 (Fax)
1
17A
Ann P. Jennejohn
From: Gori,Ivonne <ivonne.gori@naplesnews.com>
Sent: Thursday,June 18, 2015 12:26 PM
To: Ann P.Jennejohn
Subject: 2060272 Ad Confirmation
Attachments: UAS75F2jpg
Ann,
Please find a proof for your review and approval, for Publication on Friday, June 26th, 2015.
Thanks!
Ivonne
Ivonne Gori I Legal Advertising Specialist
0: 239.213.6061 F: 239.352.1251
E: ivonne.gori@NaplesNews.com
A: 1100 Immokalee Road I Naples, FL 34110
Thank you for placing your ad.
Date 06/18/15
Publication NDN
Account Number 744071
Ad Number 2060272
Total Ad Cost $436.92
1
17A
MSBU DISTRICT I & II
SOLID WASTE COLLECTION
AMENDING 2005-54
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, July 7, 2015, in the Board of County
Commissioners Meeting Room. 3rd Floor.Building "F,"Collier County Government
Center,3299 Tamiami Trail East, Naples,Florida.34112.the Collier County Board of
County Commissioners will consider the enactment of a County ordinance.The
meeting will commence at 9:00 A.M. The title of the proposed ordinance is as
follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO.2005-54,WHICH RE-ESTABLISHED
TWO MUNICIPAL SERVICE BENEFIT UNITS, KNOWN AS SERVICE DISTRICT NO. 1 AND
SERVICE DISTRICT NO. 2, FOR THE PURPOSE OF PROVIDING AND REGULATING
SOLID WASTE COLLECTION,DISPOSAL AND ADMINISTRATION WITHIN THE BENEFIT
UNITS,SPECIFICALLY AMENDING SECTION ONE, DEFINITIONS;SECTION ELEVEN.
SOLID WASTE COLLECTION, DISPOSAL AND ADMINISTRATION SERVICE CHARGE
PRIOR TO INITIATION OF ANNUAL SPECIAL ASSESSMENT; SECTION EIGHTEEN,
OWNERSHIP OF SOLID WASTE AND PROGRAM RECYCLABLES;SECTION NINETEEN,
RESPONSIBILITIES OF CONTRACTOR AND CUSTOMER FOR SOLID WASTE
COLLECTION;SECTION TWENTY. TERMINATION OF SERVICE BY CONTRACTOR;
SECTION TWENTY-ONE,EXEMPTION PERMITS FOR COMMERCIAL AND RESIDENTIAL
PROPERTY; PROCEDURE FOR OBTAINING AND REVOKING EXEMPTION PERMITS;
AND SECTION TWENTY-FOUR, PENALTIES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard.
NOTE All persons wishing to speak on any agenda item must register with the
County administratorrior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes tc speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case,written material intended to be considered 1py the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing.All material used in presentations before the Board will
become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore, may need to ensure a verbatim
record of the proceedings is made,which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding,you are entitled,at no cost to you,to the provision
of certain assistance. Please contact the Collier County Facilities Management
Division,located at 3335 Tamiami Trail East,Suite#101,Building W,Naples,Florida
34112, (239) 252-8380. Assisted listening devices for the hearing impaired are
available in the County Commissioners'Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
TIM NANCE,CHAIRMAN
DWIGHT E.BROCK,CLERK
By: Ann lennejohn,Deputy Clerk
(SEAL)
June 26,2015 No.2060272
17 A
Ann P. Jennejohn
From: Lund, Peter
Sent: Thursday, June 18, 2015 2:54 PM
To: Ann P.Jennejohn
Subject: RE: Solid Waste legal notice running June 26 (July 7 BCC Meeting)
Thank you Ann.
It looks to be correct to me - however I will also bow the Dinny's sharper eyes for the final review!
Thank you again
Peter
Peter Lund
Manager, Customer Service & Utilities Education and Compliance Public Utilities Department/Financial Operations
Collier County
Telephone: (239) 252-2357
Cell: (239) 877-8304
email: peterlund@colliergov.net
Original Message
From: Ann P. Jennejohn [mailto:Ann.Jennejohn@collierclerk.com]
Sent: Thursday, June 18, 2015 2:48 PM
To: LundPeter
Subject: Solid Waste legal notice running June 26 (July 7 BCC Meeting)
Hi Peter,
The "proof" for your legal notice regarding Solid Waste Collection, that will be published Friday, June 26th for the
Board's July 7 Meeting, is attached for your review and approval. Because Dinny is out of the office until this
coming Monday, I'll wait until she returns and has had a chance to review the notice (and can get the final approval
from Scott Teach) before I give Naples Daily News the go-ahead for publication next Friday. Until then, if you get
an opportunity, please check the ad over and let me know if you see any changes that need to be made or if it looks
O.K. to you.
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239-252-8406
239-252-8408 (Fax)
Original Message
1
17
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Thursday,June 18, 2015 3:30 PM
To: Neet, Virginia
Subject: Solid Waste MSBU Legal Notice running 6/26
Attachments: UAS75F2jpg
Hi Dinny,
I know you're not here but the Solid Waste/MSBU legal ad that will be published Friday, June 26th for the
Board's July 7 Meeting is attached for your review and approval. I sent the ad to Peter Lund to check it over too,
but told him I wouldn't be sending NDN the final O.K. until you've had a chance to look it over when you return on
Monday.
Thank you :)
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239-252-8406
239-252-8408 (Fax)
Original Message
From: Gori, Ivonne [mailto:ivonne.gori@naplesnews.com]
Sent: Thursday, June 18, 2015 12:26 PM
To: Ann P. Jennejohn
Subject: 2060272 Ad Confirmation
Ann,
Please find a proof for your review and approval, for Publication on Friday, June 26th, 2015.
Thanks!
Ivonne
Ivonne Gori I Legal Advertising Specialist
0: 239.213.6061 F: 239.352.1251
E: ivonne.gori@NaplesNews.com
A: 1100 Immokalee Road I Naples, FL 34110
Thank you for placing your ad.
Date 06/18/15
1
17A
Ann P. Jennejohn
From: Neet, Virginia
Sent: Monday, June 22, 2015 9:40 AM
To: Ann P.Jennejohn
Subject: RE: Solid Waste MSBU Legal Notice running 6/26
Ann:
The ad looks good and the title matches the ordinance. The only thing is (in order to be consistent with the ad
running on the 24th that Wanda approved) the addition of "NOTICE OF HEARING" above "NOTICE OF INTENT
TO CONSIDER ORDINANCE."
If there is time to revise the proof, could this be added? Again, this is to be consistent with the ad running 6/24.
Dinny
Virginia A. Neet, FRP
Office of the Collier County Attorney
Telephone (239) 252-8066 - Fax (239) 252-6600
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by
telephone or in writing.
Original Message
From: Ann P. Jennejohn [mailto:Ann.Jennejohn@collierclerk.com]
Sent: Thursday, June 18, 2015 3:30 PM
To: NeetVirginia
Subject: Solid Waste MSBU Legal Notice running 6/26
Hi Dinny,
I know you're not here but the Solid Waste/MSBU legal ad that will be published Friday, June 26th for the
Board's July 7 Meeting is attached for your review and approval. I sent the ad to Peter Lund to check it over too,
but told him I wouldn't be sending NDN the final O.K. until you've had a chance to look it over when you return on
Monday.
Thank you :)
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
1
17A
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Monday, June 22, 2015 9:42 AM
To: Neet, Virginia
Subject: RE: Solid Waste MSBU Legal Notice running 6/26
I'll ask NDN to add that language and let you know one way or the other.
Thanks Dinny!
Ann
Original Message
From: Neet, Virginia
Sent: Monday, June 22, 2015 9:40 AM
To: Ann P. Jennejohn
Subject: RE: Solid Waste MSBU Legal Notice running 6/26
Ann:
The ad looks good and the title matches the ordinance. The only thing is (in order to be consistent with the ad
running on the 24th that Wanda approved) the addition of "NOTICE OF HEARING" above "NOTICE OF INTENT
TO CONSIDER ORDINANCE."
If there is time to revise the proof, could this be added? Again, this is to be consistent with the ad running 6/24.
Dinny
Virginia A. Neet, FRP
Office of the Collier County Attorney
Telephone (239) 252-8066 - Fax (239) 252-6600
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by
telephone or in writing.
Original Message
From: Ann P. Jennejohn [mailto:Ann.Jennejohn@collierclerk.com]
Sent: Thursday, June 18, 2015 3:30 PM
To: NeetVirginia
Subject: Solid Waste MSBU Legal Notice running 6/26
1
17 A
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Monday, June 22, 2015 9:53 AM
To: 'Gori,Ivonne'
Subject: RE: 2060272 Ad Confirmation
Hi Ivonne,
Regarding Ad Number 2060272, running this Friday, June 26, would you be able to (please)add the 3 words
"Notice of Hearing" to this ad also?
Right above the title
NOTICE OF HEARING
NOTICE OF INTENT TO CONSIDER ORDINANCE
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239-252-8406
239-252-8408 (Fax)
Original Message
From: Gori, Ivonne [mailto:ivonne.gori@naplesnews.com]
Sent: Thursday, June 18, 2015 12:26 PM
To: Ann P. Jennejohn
Subject: 2060272 Ad Confirmation
Ann,
Please find a proof for your review and approval, for Publication on Friday, June 26th, 2015.
Thanks!
Ivonne
Ivonne Gori I Legal Advertising Specialist
0: 239.213.6061 F: 239.352.1251
E: ivonne.gori@NaplesNews.com
A: 1100 Immokalee Road I Naples, FL 34110
Thank you for placing your ad.
Date 06/18/15
1
17A
Ann P. Jennejohn
From: Gori, Ivonne <ivonne.gori@naplesnews.com>
Sent: Monday,June 22, 2015 10:28 AM
To: Ann P.Jennejohn
Subject: REVISED 2060272 Ad Confirmation
Attachments: UAS8C6B jpg
Hi Ann!
Please find Revised proof attached.
Thanks!
Ivonne
Ivonne Gori I Legal Advertising Specialist
0: 239.213.6061 F: 239.352.1251
E: ivonne.gori@NaplesNews.com
A: 1100 Immokalee Road I Naples, FL 34110
Thank you for placing your ad.
Date 06/22/15
Publication NDN
Account Number 744071
Ad Number 2060272
Total Ad Cost $443.54
17 A
**REVISED**
MSBU DISTRICT I & II
SOLID WASTE COLLECTION
AMENDING 2005-54
NOTICE OF HEARING
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, July 7, 2015, in the Board of County
Commissioners Meeting Room,3rd Floor.Building"F,'Collier County Government
Center,3299 Tamiami Trail East,Naples,Florida. 34112,the Collier County Board of
County Commissioners will consider the enactment of a County ordinance.The
meeting will commence at 9:00 A.M. The title of the proposed ordinance is as
follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA,AMENDING ORDINANCE NO.2005-54,WHICH RE-ESTABLISHED
TWO MUNICIPAL SERVICE BENEFIT UNITS,KNOWN AS SERVICE DISTRICT NO.1 AND
SERVICE DISTRICT NO. 2, FOR THE PURPOSE OF PROVIDING AND REGULATING
SOLID WASTE COLLECTION,DISPOSAL AND ADMINISTRATION WITHIN THE BENEFIT
UNITS,SPECIFICALLY AMENDING SECTION ONE,DEFINITIONS;SECTION ELEVEN,
SOLID WASTE COLLECTION, DISPOSAL AND ADMINISTRATION SERVICE CHARGE
PRIOR TO INITIATION OF ANNUAL SPECIAL ASSESSMENT; SECTION EIGHTEEN,
OWNERSHIP OF SOLID WASTE AND PROGRAM RECYCLABLES;SECTION NINETEEN,
RESPONSIBILITIES OF CONTRACTOR AND CUSTOMER FOR SOLID WASTE
COLLECTION;SECTION TWENTY, TERMINATION OF SERVICE BY CONTRACTOR;
SECTION TWENTY-ONE,EXEMPTION PERMITS FOR COMMERCIAL AND RESIDENTIAL
PROPERTY;PROCEDURE FOR OBTAINING AND REVOKING EXEMPTION PERMITS;
AND SECTION TWENTY-FOUR, PENALTIES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard.
NOTE All persons wishing to speak on any agenda item must register with the
County administratorrior to presentation of the agenda item to be addressed
Individual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case,written material intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing.All material used in presentations before the Board will
become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore, may need to ensure a verbatim
record of the proceedings is made,which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding,you are entitled,at no cost to you,to the provision
of certain assistance. Please contact the Collier County Facilities Management
Division. located at 3335 Tamiami Trail East,Suite#101,Building W,Naples,Florida
34112, (239)252-8380. Assisted listening devices for the hearing impaired are
available in the County Commissioners'Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
11M NANCE,CHAIRMAN
DWIGHT E.BROCK,CLERK
By: Ann Jennejohn,Deputy Clerk
(SEAL)
June 26,2015 No.2060272
17
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Monday,June 22, 2015 11:33 AM
To: Neet, Virginia
Subject: REVISED MSBU legal ad
Attachments: UAS8C6Bjpg
Here's that revised MSBU notice, Dinny.
May I give NDN the go-ahead?
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239-252-8406
239-252-8408 (Fax)
Original Message
From: Gori, Ivonne [mai Ito:ivonne.gori@naplesnews.com]
Sent: Monday, June 22, 2015 10:28 AM
To: Ann P. Jennejohn
Subject: REVISED 2060272 Ad Confirmation
Hi Ann!
Please find Revised proof attached.
Thanks!
Ivonne
Ivonne Gori I Legal Advertising Specialist
0: 239.213.6061 F: 239.352.1251
E: ivonne.gori@NaplesNews.com
A: 1100 Immokalee Road I Naples, FL 34110
Thank you for placing your ad.
Date 06/22/15
Publication NDN
Account Number 744071
Ad Number 2060272
Total Ad Cost $443.54
17 A
Ann P. Jennejohn
From: Neet, Virginia
Sent: Monday, June 22, 2015 12:00 PM
To: Ann P.Jennejohn
Subject: RE: REVISED MSBU legal ad
Yes. Thank you. We will just have to watch to make sure that the authorization phase is not pulled from the
Consent Agenda.
Dinny
Original Message
From: Ann P. Jennejohn [mailto:Ann.Jennejohn@collierclerk.com]
Sent: Monday, June 22, 2015 11:33 AM
To: NeetVirginia
Subject: REVISED MSBU legal ad
Here's that revised MSBU notice, Dinny.
May I give NDN the go-ahead?
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239-252-8406
239-252-8408 (Fax)
Original Message
From: Gori, Ivonne [mailto:ivonne.gori@naplesnews.com]
Sent: Monday, June 22, 2015 10:28 AM
To: Ann P. Jennejohn
Subject: REVISED 2060272 Ad Confirmation
Hi Ann!
Please find Revised proof attached.
Thanks!
Ivonne
Ivonne Gori I Legal Advertising Specialist
0: 239.213.6061 F: 239.352.1251
E: ivonne.gori@NaplesNews.com
A: 1100 Immokalee Road I Naples, FL 34110
1
17A
Ann P. Jennejohn
From: Gori,Ivonne <ivonne.gori@naplesnews.com>
Sent: Monday, June 22, 2015 12:38 PM
To: Ann P.Jennejohn
Subject: RE: REVISED 2060272 Ad Confirmation
Thank you Ann!
Released.
Ivonne Gori I Legal Advertising Specialist
0: 239.213.6061 F: 239.352.1251
E: ivonne.gori@NaplesNews.com
A: 1100 Immokalee Road I Naples, FL 34110
Original Message
From: Ann P. Jennejohn [mailto:Ann.Jennejohn@collierclerk.com]
Sent: Monday, June 22, 2015 12:36 PM
To: Gori, Ivonne
Subject: RE: REVISED 2060272 Ad Confirmation
Looks beautiful, please publish Friday, June 26, 2015.
And thank you for taking care of the revision.
Ann
Original Message
From: Gori, Ivonne [mailto:ivonne.gori@naplesnews.com]
Sent: Monday, June 22, 2015 10:28 AM
To: Ann P. Jennejohn
Subject: REVISED 2060272 Ad Confirmation
Hi Ann!
Please find Revised proof attached.
Thanks!
Ivonne
Ivonne Gori I Legal Advertising Specialist
0: 239.213.6061 F: 239.352.1251
E: ivonne.gori@NaplesNews.com
A: 1100 Immokalee Road I Naples, FL 34110
i
1
Naples Daily News
Naples, FL 34110
Affidavit of Publication
Naples Daily News
+
COLLIER COUNTY UTILITIES
MARGE HAPKE
3301 TAMIAMI TRL E 3RD FL BLDG H
NAPLES FL 34112
NOTICENT OFHEARING
REFERENCE: 065797
NOTICE OF INTENT TO CONSIDER ORDINANCE
59774108 NOTICE OF HEARINGNOr N&tice is hereby given that on Tuesday, July 7, 2015, in the Board of County
Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government
Center,3299 Tamiami Trail East,Naples,Florida,34112,the Collier County Board of
County Commissioners will consider the enactment of a County ordinance. The
State of Florida meeting will commence at 9:00 A.M. The title of the proposed ordinance is as
follows:
Counties of Collier and Lee
Before the undersigned authority, persor AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
g COUNTY,FLORIDA,AMENDING ORDINANCE NO.2005-54,WHICH RE-ESTABLISHED
appeared Dan McDermott, says that he ServE AND MUNICIPAL SERVICE BENEFIT UNITS, KNOWN AS SERVICE DISTRICT NO._1
Inside Sales Supervisor,rvi sor o f the Naples Dai SERVICE DISTRICT NO. 2, FOR THE PURPOSE OF PROVIDING AND REGULATING
P P SOLID WASTE COLLECTION,DISPOSAL AND ADMINISTRATION WITHIN THE BENEFIT
a daily newspaper published at Naples, in UNITS SPECIFICALLY AMENDING SECTION ONE, DEFINITIONS; SECTION ELEVEN,
SOLID WASTE COLLECTION, DISPOSAL AND ADMINISTRATION SERVICE CHARGE
County, Florida: distributed in Collier PRIOR TO OFEIGHTEEN,
OWNERSHIP OF SOLLIID N WASTE ANDLPROGRAM RECYCLABLES;lVICSPECIAL ASSESSMENT; BYON NINETEEN,
and Lee counties of Florida; that the attE RESPONSIBILITIES OF CONTRACTOR AND CUSTOMER FOR SOLID WASTE
rCOLLECTION; SECTION TWENTY, TERMINATION OF SERVICE BY CONTRACTOR;
copyof advertisingwas published in said SECTIONTWENTY-ONE,EXEMPTION PERM ITS FOR COMMERCIAL AND RESIDENTIAL
p PROPERTY; PROCEDURE FOR OBTAINING AND REVOKING EXEMPTION PERMITS;
newspaper on dates listed. AND SECTION TWENTY-FOUR, PENALTIES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
Affiant further says that the said Naple ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE.
News is a newspaperpublished at Naples, _ Copies of the proposed Ordinance are on file with the Clerk to the Board and are
P r available for inspection. All interested parties are invited to attend and bE heard.
Collier County, Florida, and that the saic NOTE: All persons wishing to speak on any agenda item must register with the
County administrator prior to presentation of the agenda item to be addressed.
newspaper has heretofore been Continuousli Individual speakers will oe limited to 3 minutes on any item. The selection of an
individual to speak on behalf of an organizgiron or group is encouraged. If
day and has been entered as second class T recognized by the Chairman, a spokesperson a group or organization may be
matter at the post office in Naples, in sz allotted 10 minutes to speak on an item.
Collier County, Florida, for aperiod of 1 Persons wishing to have written or graphic materials included in the Board agenda
y packets must submit said material a minimum of 3 weeks prior to the resppective
public hearing. In any case, written material intended to be considered by the
next preceding the first publication of tr Bpoard shall be submitted to the appropriate County staff a minimum of seven days
attached copy of advertisement; and affiar. becomeapermuanentparrtofgel
recoedalusedinpresentationsbeforetheBoardwill
further says that he has neither paid nor Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore, may need to ensure a verbatim
promised any person, firm or corporation a record of the proceedings is made, which record includes the testimony and
discount, rebate, commission or refund for evidence upon which the appeal is based. •
If you area person with a disability who needs any accommodation in order to
purpose of securing this advertisement for participate in this proceeding,you are entitled, at no cost to you,to the provision
publication in the said newspaper. f certain assistance.tPlease comi at thes ColliertCou Facilities, Management
Division, located at 3335 Tamiami Trail East,Suite#101,Building W, Naples,Florida
34112, (239) 252-8380. Assisted listening devices for the hearing impaired are
available in the County Commissioners'Office.
PUBLISHED ON: 06/26 BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA ,
TIM NANCE,CHAIRMAN
DWIGHT E.BROCK,CLERK
By;Ann Jennejohn,Deputy Clerk
(SEAL) No 7060772
June 76 7015
AD SPACE : 134 LINE
FILED ON: 06/26/15
.;,/,/
Signature of Affiant / 12y,�-
r
Sworn to and Subscribed before me this 3 day of 2015
Personally known by me .0 ,C.t.
es,o(® Notary Public State of Florida
Susan D Flora
w P My Commission FF 040250
�7 0F Fso% Expires 07/28/2017
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO el it
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office SRTb‘--k 7/7/15
\S5/
4. BCC Office Board of County
Commissioners /Sr ikvAk'S
5. Minutes and Records Clerk of Court's Office 1lpn1, rif gr�5 j�._3(PM
PRIMARY CONTACT INFORMATION i
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Peter Lund,Public Utilities Phone Number 252-2357
Contact/ Department
Agenda Date Item was 7/7/15 Agenda Item Number 17-A
Approved by the BCC
Type of Document Ordinance Amending Ord.2 5-54 Number of Original One
Attached lc-3)6 Documents Attached
PO number or account n/a
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
I. Does the document require the chairman's original signature SRT
2. Does the document need to be sent to another agency for additional signatures? If yes, SRT
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's SRT
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SRT
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip SRT
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 7/7/15 and all changes made during the SRT
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved b the SWC.
BCC,all changes directed by the BCC have been made,and the document is read for the
Chairman's signature. \`„ ck
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
17 A
ORDINANCE NO. 2015- 38
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2005-54,
WHICH RE-ESTABLISHED TWO MUNICIPAL SERVICE BENEFIT
UNITS, KNOWN AS SERVICE DISTRICT NO. 1 AND SERVICE
DISTRICT NO. 2, FOR THE PURPOSE OF PROVIDING AND
REGULATING SOLID WASTE COLLECTION, DISPOSAL AND
ADMINISTRATION WITHIN THE BENEFIT UNITS, SPECIFICALLY
AMENDING SECTION ONE, DEFINITIONS; SECTION ELEVEN,
SOLID WASTE COLLECTION, DISPOSAL AND ADMINISTRATION
SERVICE CHARGE PRIOR TO INITIATION OF ANNUAL SPECIAL
ASSESSMENT; SECTION EIGHTEEN, OWNERSHIP OF SOLID WASTE
AND PROGRAM RECYCLABLES; SECTION NINETEEN,
RESPONSIBILITIES OF CONTRACTOR AND CUSTOMER FOR SOLID
WASTE COLLECTION; SECTION TWENTY, TERMINATION OF
SERVICE BY CONTRACTOR; SECTION TWENTY-ONE, EXEMPTION
PERMITS FOR COMMERCIAL AND RESIDENTIAL PROPERTY;
PROCEDURE FOR OBTAINING AND REVOKING EXEMPTION
PERMITS; AND SECTION TWENTY-FOUR, PENALTIES; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section 1 of the Florida Constitution and Sections 125.01 and
125.66, Florida Statutes, grant to the Board of County Commissioners of Collier County, Florida,
("Board") all powers of local self-government to perform County functions and to render
services for County purposes in a manner not inconsistent with general or special law, and such
powers may be exercised by the enactment of County ordinances; and
WHEREAS, Sections 125.01(1) and 403.706, Florida Statutes, grant the Board the
authority to regulate solid waste collection and disposal services within the County; and
WHEREAS, Chapter 403, Florida Statutes, grants the Board the authority to implement a
comprehensive recycling program in the County; and
WHEREAS, through its adoption of Ordinance No. 2005-54, the Board exercised its
authority under Section 125.01(1), Florida Statutes, to create two (2) municipal service benefit
units (Service District No. 1 and Service District No. 2) for the collection, disposal, and
administration of solid waste generated in the unincorporated areas of the County and to finance
such operations with funds derived from special assessments, service charges, and fees within
such units, and
Words Underlined are added;Words Struck Through are deleted
0410
Page 1 of 26
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WHEREAS, the Board has determined that it is necessary to amend Ordinance
No. 2005-54 in order to update and clarify certain provisions within the Ordinance and provide
additional alternatives where ingress and egress to residential real property for curbside service is
prevented.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 2005-54.
Section One of Ordinance No. 2005-54 is hereby amended to read as follows:
SECTION ONE: DEFINITIONS.
A. For the purposes of this Ordinance, the definitions contained in this Section 1
shall apply unless otherwise specifically stated. When not inconsistent to the context, words
used in the present tense include the future, words in the plural number include the singular, and
words in the singular number include the plural. The word "shall" is always mandatory and not
merely discretionary.
1. Assessment Roll: The list that identifies all of the taxable real property in
Collier County, as described in Section 8 of this Ordinance.
2. Benefit Unit: Each of the two (2) municipal service benefit units
established hereunder.
3. Biological Waste: Those wastes that cause or have the capability of
causing disease or infection including, but not limited to, Biomedical Waste, diseased or dead
animals, and other wastes capable of transmitting pathogens to humans or animals. This term
does not include human remains that are disposed of by Persons licensed under Chapter 470,
Florida Statutes.
4. Biomedical Waste: Any solid or liquid waste which may present a threat of
infection to humans, including non-liquid tissue, body parts, blood, blood products, and body
fluids from humans and other primates; laboratory and veterinary wastes which contain human
disease-causing agents; and discarded sharps. The following are also included:
Words Underlined are added;Words Struck Through are deleted
Page 2 of 26
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(a) used absorbent materials saturated with blood, blood products,
body fluids, or excretions or secretions contaminated with visible
blood;
(b) absorbent materials saturated with blood or blood products that
have dried; and
(c) non-absorbent, disposable devices that have been contaminated
with blood, or body fluids or secretions or excretions visibly
contaminated with blood, if the devices have not been treated by an
approved method.
5. Board: The Board of County Commissioners of Collier County, Florida,
or the Board's designee.
6. Bulk Waste: Any large discarded household item that cannot be placed in
a Curbside Container because of its size, volume, shape or weight. Bulk Waste includes, but is
not limited to, sofas, tables, sinks, toilets, other fixtures, furniture, ladders, and carpet. Bulk
Waste does not include White Goods, Electronic Equipment, or Extraordinary Waste.
7. Certificate of Occupancy, or Certificate of Completion: A document
issued by the County certifying that a newly constructed building has been constructed in
compliance with County specifications and is suitable for use.
8. Clerk: The Clerk of the Circuit Court of Collier County, Florida, acting as
the Clerk of the Board, or the Clerk's designee.
9. Collection: The process of picking up, transporting, and dropping off
Residential Waste and Commercial Waste at the Designated Sites; or the process of picking up,
transporting, and dropping off Exempt Materials at a licensed disposal site or Recycling Facility.
10. Collection Container: Any container approved by the Manager for storage
and collection of Solid Waste.
11. Collection Service: Residential Curbside and Non-curbside Collection
Service and/or Commercial Collection Service.
9 12. Commercial Container: A dumpster, roll-off container, compactor, or
other container, except a R oll G , that is approved by the Manager for the collection of Solid
Waste or Recyclable Materials from commercial Customers. Commercial containers used for
Words Underlined are added;Words Struck Through are deleted
Page 3 of 26
hA
garbage or recycling shall have lids which remain closed except when materials are being
deposited.
4-0 13. Commercial Real Property: Real property that is located in a Benefit
Unit and not classified as Residential Real Property. Commercial Real Property includes
property used primarily for: (a) commercial purposes, such as hotels, motels, stores, restaurants,
theaters, service stations, agriculture, horticulture, and recreational vehicle parks; (b) institutional
purposes, such as governmental offices, churches, hospitals, and schools; and (c) not-for-profit
organizations. Commercial Real Property shall not include commercially zoned property that is
used primarily for residential purposes. Vacant land, not classified as Improved Real Property,
shall be deemed Commercial Real Property.
1414. Construction and Demolition (C&D) Debris: Discarded materials
generally considered to be not water soluble and non-hazardous in nature, including, but not
limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and
lumber, reses from the construction,—or destruction, or renovation of a structure, as part of a
construction or demolition project, or renovation of a structure, and including such debris from
construction of structures at a site remote from the construction or demolition project site. The
term and includinges rocks, soils, tree remains, trees, and other vegetative matter that normally
results from land clearing or land development operations for a construction project and clean
cardboard, paper, plastic, wood and metal scraps from a construction project; effective January 1,
1997, except as provided in Section 403.707(12)(i), F.S., unpainted, non-treated wood scraps
from facilities manufacturing materials used for construction of structures of their components
and unpainted, non treated wood pallets provided the wood scraps and pallets are separated from
other solid waste where generated and the generator of such wood scraps or pallets implements
reasonable practices of generating industry necessary to minimize the commingling of wood
scraps or pallets with other solid waste; and de minimis amounts of other non-hazardous wastes
that are generated at construction or demolition projects, provided such amounts are consistent
with best management practices of the construction and demolition industries. Mixing of
construction and demolition debris with other types of solid waste will cause it to be classified as
other than construction and demolition debris.
4-2 15. Contractor: The Person(s) authorized by the County to collect and
transport Solid Waste in a Service District pursuant to a Service Agreement.
Words Underlined are added;Words Struck Through are deleted
Page 4 of 26
(;)
4p,
-1-3 16. Curbside: A location within three (3) feet of the curb, pavement, or
edge of the nearest street. If this location is in a drainage ditch, Curbside shall mean a location
adjacent to the Customer's driveway, as close as possible to the nearest roadway.
4-4 17. Curbside Container: (a) a metal or plastic container with a tight fitting
lid, with two handles on the sides, with or without wheels, used for the collection of Garbage and
Rubbish; and (b) a Roll Cart, and (c) a heavy duty plastic bag sufficient in strength for handling
by the Contractor, used to contain excess garbage and rubbish, provided the bag is closed and
unbroken at the time of collection.
4-518. Customer: Any Person that uses a Contractor's services for the
collection of Solid Waste, as provided by this Ordinance.
4-6 19. Division Depaftment: The Collier County Public Utilities Department
Division, Financial Operations Solid Waste Management Division Department or the County
division department to which the Manager assigns the responsibility of administering this
Ordinance.
4-7 20. Dwelling Unit: A room or rooms constituting a separate, independent
establishment with cooking facilities/kitchen, a separate entrance, and bathroom facilities, and
physically separated by a wall or a door from any other rooms or Dwelling Units which may be
in the same structure or in separate structures. A hotel or motel room is not a Dwelling Unit.
4$21. Electronic Equipment: Electronic devices that have been discarded,
including, but not limited to, computers, monitors, televisions, cathode ray tubes, printers,
scanners, fax machines, game machines, and telephones.
4-9 22. Exemption Permit: The County's authorization for a Person, other than
a Contractor, to collect, transport and dispose of Solid Waste, as provided in Section 21 of this
Ordinance.
2-0 23. Extraordinary Wastes: Wastes that require extraordinary management,
including, but not limited to: abandoned automobiles; boats; tree trunks greater than four (4) feet
in length, four (4) inches in diameter and fifty (50) pounds in weight; dead animals; agricultural
and industrial wastes; Biomedical Waste; Biological Waste; Radioactive Waste; and Hazardous
Waste.
Words Underlined are added;Words Struck Through are deleted
Page 5 of 26 ��
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24-24. Garbage: All kitchen and table food waste, and animal or vegetative
waste that is attendant with or results from the storage, preparation, cooking, or handling of food
materials.
25. Garbage Roll Cart: A heavy-duty plastic container that is mounted on
two wheels, complies with the specifications established by the Manager, and is used for the
collection of Garbage and Rubbish.
22 26. Hazardous Waste: Solid Waste, or a combination of Solid Wastes,
which, because of its quantity, concentration, or physical, chemical, or infectious characteristics,
may cause, or significantly contribute to, an increase in mortality or an increase in serious
irreversible or incapacitating reversible illness or may pose a substantial present or potential
hazard to human health or the environment when improperly transported, disposed of, stored,
treated, or otherwise managed. Hazardous Waste includes any material or substance identified
as a Hazardous Waste or hazardous substance in the Florida Administrative Code, Florida
Statutes, or other applicable law.
23 27. Holiday: Independence Day, Thanksgiving Day, Christmas Day, and
any other day so designated by the Board of County Commissioners.
24 28. Improved Real Property: Any cleared, graded or drained real property
upon which a building or structure is erected and occupied or capable of being occupied (i.e., a
County Certificate of Occupancy has been issued) for residential, commercial, institutional or
industrial use. Improved Real Property includes but is not limited to recreational vehicle parking
lots contained within parks designated as mobile home parks by the County Health Department.
25 29. Land Clearing Debris: The uprooted trees, bushes, vegetation, and other
abandoned materials resulting from a land clearing operation. Means rocks, soils, tree remains,
trees and other vegetative matter which normally results from land clearing or land development
operations for a construction project. Land Clearing debris does not include vegetative matter
from lawn maintenance, farming operations, nursery operations, or any other source not related
directly to a construction project.
26 30. Manager: The County Manager of Collier County, Florida, or the
Manager's designee.
Words Underlined are added; Words Struck Through are deleted
Page 6 of 26
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27 31. Multi-Family Residence: A group of three or more Dwelling Units
within a single building, attached side-by-side or one above another, wherein each Dwelling Unit
is may be individually owned or leased on land which is under common or single ownership.
28 32. Non-Collection Notice: A durable tag or sticker used to notify a
Customer that the Customer's container or waste material has not been set out in compliance
with the requirements of this Ordinance.
29 33. Non-Conforming Residential Waste Mr-itl: Any non-recyclable
material that is set out for collection in a recycling specified container; that is not in accordance
with the requirements of this ordinance but is not Recyclable Material.
39 34. Non-Program Recyclables: Recyclable Materials that are not Program
Recyclables, but are segregated from other materials in the waste stream.
34-35. Person: Any and all persons, natural or artificial, including any
individual, firm, partnership, joint venture, or other association, however organized; any
municipal or private corporation organized or existing under the laws of the State of Florida or
any other state; any county or municipality; and any governmental agency of any state or the
federal government.
36. Primary Service: The type of service regarded as the primary service to
any property that consists of mixed residential and commercial customers.
37. Private Hauler: Any person and or enterprise engaged in the private
business of collecting and transporting Commercial Recyclables
32 38. Program Recyclables: Recyclable Materials that have been designated
by the Board for collection from residential and/or commercial Customers, and are segregated
from other materials in the waste stream.
33 39. Radioactive Waste: Any equipment or materials that are radioactive or
have radioactive contamination, and are required by law to be stored, treated, or disposed of as
radioactive waste.
34 40. Rate Resolution: A resolution adopted by the Board under the
provisions of Section 9 of this Ordinance and Collier County Ordinance No. 84-31, establishing:
(a) the annual Special Assessments to be imposed upon the owners of Residential Real Property
in the Benefit Units for the forthcoming fiscal year (October 1 through September 30 of the
following year); (b) the rates, fees and charges for the collection of Solid Waste by the
Words Underlined are added; Words Struck Through are deleted
Page 7 of 26
C.)
17A
Contractor(s) from Commercial Real Property; and (c) the rates, fees and charges for the disposal
of Solid Waste at the County-authorized Solid Waste management facilities.
35 41. Recovered Materials: Metal, paper, glass, plastic, textile, or rubber
materials that have known recycling potential, can be feasibly recycled, and have been diverted
and source separated or have been removed from the waste stream for sale, use, or reuse as raw
materials, whether or not the materials require subsequent processing or separation from each
other, but does not include materials destined for any use that constitutes disposal. Recovered
Materials as described above are not Solid Waste. Recovered Material does not include any
material or substance that does not fit within one of the six categories described in this definition
(metal, paper, glass, plastic, textile, or rubber).
36 42. Recyclable Materials: Materials which are capable of being recycled
and which would otherwise be processed or disposed of as Solid Waste. This term encompasses
Program Recyclables and Non-Program Recyclables.
3-7 43. Recycling Bin: An eighteen (18) gallon green bin or similar container
that is approved by the Manager and used for the collection of Program Recyclables.
3-8 44. Recycling Roll Cart: A heavy-duty plastic container that is mounted on
two wheels, has a yellow lid and complies with the specifications established by the Manager,
and is used for the collection of Recyclable Materials.
45. Residential Customer: A Person who occupies Residential Real Property
located within a County established municipal service benefit unit and who receives Residential
Curbside Collection Service or Residential Non Curbside Collection Service.
46. Residential Non-Curbside Collection Service: The collection of residential
Waste from Residential Customers who occupy a Multi-Family Residence and who do not
receive Residential Curbside Collection Service.
47. Residential Non-Curbside Collection Service Exemption: The collection of
Residential Waste from Residential Customers who occupy a Multi-Family Residence or single
family residence and who are not exempted from the special assessment and do not receive
Residential Curbside Service due to temporary or permanent site conditions which prevent
ingress and/or egress of collection vehicles.
3-9 48. Residential Real Property: Improved Real Property that is located in a
Benefit Unit and used for residential purposes, including, but not limited to: Dwelling Units;
Words Underlined are added;Words Struck Through are deleted
Page 8 of 26
17A
single family residences; duplex apartments; apartment buildings; recreational vehicle lots;
mobile homes lots; condominium units; cooperatives established pursuant to Chapter 719,
Florida Statutes; time-share apartments; leased residential premises of the classes described
above, whether occupied or not; and premises occupied as a residence located in or upon
commercially zoned real property; provided, however, that where property is used exclusively as
a recreational vehicle park, as defined in Section 513.01(10), Florida Statutes, such property
shall be deemed Commercial Real Property.
40 49. Roll Cart: A heavy-duty plastic container that is mounted on two
wheels; and complies with the specifications established by the Manager, and is used for the
collection of Garbage and Rubbish.
44- 50. Rubbish: Waste materials, other than Garbage, resulting from normal
housekeeping activities on Residential Real Property and Commercial Real Property. Rubbish
includes but is not limited to discarded trash, and recyclables such as paper, plastic, bottles, cans
and similar materials.
51. Self Hauler: Any owner, occupier, or authorized agent of Real Property
approved by the Manager to remove Solid Waste generated on their own premises. The owner of
multiple properties may service all such properties.
42 52. Service Agreement: An agreement between the County and a Contractor
providing an exclusive franchise for the collection of Solid Waste in a Service District.
42 53. Service District: The area served by a Contractor pursuant to a Service
Agreement.
-44- 54. Service Year: Twelve (12) consecutive months, beginning on October 1
and ending on September 30 of the following year.
44 55. Sludge: The accumulated solids, residues, and precipitates generated as
a result of waste treatment or processing, including wastewater treatment, water supply
treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped
from septic tanks, grease traps, privies, or similar waste disposal appurtenances.
46 56. Solid Waste: Sludge unregulated under the federal Clean Water Act or
Clean Air Act, Sludge from a waste treatment works, water supply treatment plant, or air
pollution control facility, or Garbage, Rubbish, refuse, Special Waste, or other discarded
material, including solid, liquid, semi-solid, or contained gaseous material resulting from
Words Underlined are added;Words Struck Through are deleted
Page 9 of 26
17 A
domestic, industrial, commercial, mining, agricultural or governmental operations. Solid Waste
includes but is not limited to Biological Waste, Biomedical Waste, Bulk Waste, C&D Debris,
Electronic Equipment, Garbage, Hazardous Waste, Land Clearing Debris, Radioactive Waste,
Recyclable Materials (until they are recycled), Rubbish, Special Waste, Tires, White Goods and
Yard Trash/Biomass.
47 57. Special Assessment: The non-ad valorem assessment that is levied upon
certain real property in unincorporated Collier County and used to provide funding for the
County's Solid Waste management program.
48 58. Special Assessment Roll: The list that is prepared pursuant to Section 10
of this Ordinance and identifies the properties in the Benefit Units that are subject to the Special
Assessments.
59. Special Events: Special Events are those events requiring a Temporary
Use Permit, the issuance of which subjects the applicant to enter into a contract with the
County's designated contractor for garbage collection and the submission of a recycling plan for
the duration of the event.
49 60. Special Waste: Solid Waste that can require special handling and
management, including, but not limited to, White Goods, Tires, used oil, lead-acid batteries,
C&D Debris, ash residue, Yard Trash/Biomass, Biological Waste, Hazardous Waste, and
Biomedical Waste.
50 61. Tires: Discarded automotive tires, including rims, but excluding tires
that exceed 25 33 inches in diameter.
62. Trust Fund: The Solid Waste Special Assessment Trust Fund
established by Section 6 of this Ordinance.
52 63. White Goods: Large discarded appliances, including but not limited to,
refrigerators, ranges, washing machines, clothes dryers, water heaters, freezers, microwave
ovens, and air conditioners.-, or similar domestic and commercial large appliances.
53 64. Yard Trash/Biomass: Vegetative matter resulting from landscaping
maintenance, including, but not limited to shrub and tree trimmings, grass clippings, palm
fronds, branches and stump. However, such items shall not be considered Yard Trash/Biomass if
they are collected by a commercial landscape company or other Person that provides lawn and
garden maintenance services for remuneration.
Words Underlined are added;Words Struck Through are deleted
Page 10 of 26
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65. Yard Trash/Biomass Container: (a) A metal or plastic container, with two
handles, with or without wheels, with a capacity of not to exceed forty-five (45) thirty two (32)
gallons, designed by the manufacturer for the purpose of containing solid waste. (b) A paper sack
designed by the manufacturer for the purpose of containing yard trash/biomass. All Yard
Trash/Biomass containers are subject to the approval of the Manager.
B. Pursuant to Section 403.7031, Florida Statutes, the definitions in this Section 1 are
intended to be consistent with the definitions contained in Section 403.703, Florida Statutes.
SECTION TWO: AMENDMENT TO SECTION ELEVEN OF ORDINANCE NO.
2005-54.
Section Eleven of Ordinance No. 2005-54 is hereby amended to read as follows:
SECTION ELEVEN: SOLID WASTE COLLECTION, DISPOSAL AND ADMINISTRATION
SERVICE CHARGE PRIOR TO INITIATION OF ANNUAL SPECIAL
ASSESSMENT.
A Solid Waste collection, disposal and administration service charge shall be imposed
against each owner of Residential Real Property at the time a Certificate of Occupancy is issued
by the County. Until an annual Special Assessment is levied against such Residential Real
Property in accordance with the procedures delineated herein, the amount of the service charge
shall be a prorated share of the annual Special Assessment. The charge shall be paid at the time
of issuance of a Certificate of Occupancy, and transferred into the Trust Fund. Residential Real
Property that is evidenced as no longer habitable by means of a completed demolition permit.,
and/or a physical onsite inspection by a duly authorized representative of the county shall be
exempted from the annual Special Assessment.
SECTION THREE: AMENDMENT TO SECTION EIGHTEEN OF ORDINANCE NO.
2005-54.
Section Eighteen of Ordinance No. 2005-54 is hereby amended to read as follows:
SECTION EIGHTEEN: OWNERSHIP OF SOLID WASTE AND PROGRAM
RECYCLABLES.
A. From the time that Solid Waste and Program Recyclables are placed at the Curbside or
other authorized location for collection by the County or the Contractor, such materials shall be
Words Underlined are added;Words Struck Through are deleted
Page 11 of 26 n
17
the sole property of the County. No Person shall have the right to take, keep, process, alter,
remove or otherwise sell or dispose of such materials, without the prior written approval of the
Manager.
B. It shall be a violation of this Ordinance for anyone other than authorized agents of Collier
County or the authorized solid waste contractor(s) as identified in this Ordinance to place any
type of solicitation material including but not limited to advertisements, stickers, pamphlets,
business cards, mail, newspapers, banners, notices or signs of any kind on any Garbage or
Recycling Roll Cart or Recycling Bin.
C. It shall be a violation of this Ordinance for anyone other than authorized agents of Collier
County, or the authorized solid waste contractor(s) as identified in this Ordinance to remove,
repair, or replace Garbage or Recycling Roll Carts or Recycling Bins.
SECTION FOUR: AMENDMENT TO SECTION NINETEEN OF ORDINANCE NO.
2005-54.
Section Nineteen of Ordinance No. 2005-54 is hereby amended to read as follows:
SECTION NINETEEN: RESPONSIBILITIES OF CONTRACTOR AND CUSTOMER FOR
SOLID WASTE COLLECTION.
The Contractor shall collect Solid Waste from Residential Real Property and Commercial
Real Property, and Customers shall set out their Solid Waste for collection by the Contractor, as
follows:
A. All collection services provided by the Contractor under the terms of this
Ordinance shall be performed in a professional manner in compliance with the Service
Agreement, as amended, which is hereby incorporated into this ordinance and subject to the
penalties provided herein, and all applicable local, state and federal laws. If there is any conflict
between the Service Agreement and this Ordinance, this Ordinance shall take precedence. Any
litter or spillage caused by the Contractor shall be removed immediately by the Contractor.
B. Collection service shall be provided by the Contractor on Monday through
Saturday, except Holidays. The Contractor shall not be required to provide collection service on
Holidays or during a local emergency, as declared by the Board. Should a Holiday occur on the
date designated as a Customer's collection day, the next collection for that Customer shall take
place no later than the next regular collection day for the Customer. In the event of a Federal or
Words Underlined are added;Words Struck Through are deleted
Page 12 of 26 ��-I
17 A
State Disaster Declaration or Declared State of Emergency, collection services outlined in this
Ordinance may be revoked, suspended or altered.
C. Residential Real Property:
1. Except as otherwise provided herein or in the Service Agreement, the
Contractor shall collect, remove and dispose of the Solid Waste set out for collection by
residential Customers. At a minimum, Residential Real Property in the Benefit Units shall be
provided collection service at Curbside for the following materials, subject to the provisions of
the Service Agreement: (a) Garbage and Rubbish; (b) Yard Trash/Biomass; (c) Program
Recyclables; (d) Bulk Waste; (e) White Goods; (f) Tires; (g) Batteries; and (gh) Electronic
Equipment. Hazardous Waste shall not be placed in roll carts or curbside containers for
collection by the contractor. Hazardous Waste should be taken to a county Recycling Drop-Off
Center or the Hazardous Materials Collection Center for disposal, this includes pharmaceutical
and medicinal waste and hypodermic devices (SHARPS) suitably contained in a heavy plastic
container.
2. Except as otherwise provided herein, residential Customers shall use
Garbage Roll Carts Curbside Containers for the collection of Garbage and Rubbish. Residential
Customers may use heavy-duty plastic bags for excess Garbage or Rubbish. Yard
Trash/Biomass containers may be used for the collection of garbage and rubbish in areas that are
approved for such service by the Manager.
3. Curbside Containers and Yard Trash/BioMass Containers are subject to
the Manager's approval and shall: (a) be constructed so as to prevent intrusion by-water and
animals, and the expulsion of their contents; (b) have a cover that is free from sharp edges; and
(c) not have inside structures that prevent the free discharge of the container's contents. Curbside
Containers, except Roll Carts, shall not exceed thirty two (32) forty-five (45) gallons in capacity
of and fifty (50) pounds in weight when filled. The amount of discarded waste placed in a
Garbage Roll Cart or Recycling Roll Cart shall not exceed the weight limit as specified on the
Roll Cart.
4. Program Recyclables shall be set out for collection in a Recycling Roll
Cart or Recycling Bin. Program Recyclables may be set out in a Recycling Bin in areas approved
by the Manager for such service. Cardboard placed in a Recycling Roll Cart or Recycling Bin
shall be flattened and, if necessary, cut to a size to fit into the Recycling Roll Cart without
Words Underlined are added;Words Struck Through are deleted
Page 13 of 26
1 7 A
binding or preventing the release of the recycling during collection. maximum size of 3 ft. x 3 ft.
Cardboard may also be stacked and placed outside the Recycling Cart or Recycling Bin, any
cardboard so stacked must be cut to a maximum size of 3 ft. x 3 ft. Residential Customers may
use heavy-duty clear plastic bags for excess recyclables.
5. Discarded materials from small household repairs, renovations or projects
shall may be placed in a Garbage Roll Cart. No other Commercial and Demolition (C&D)
Debris shall be placed at the Curbside. C&D generated by the property owner or tenant that
cannot be contained within a Roll Cart shall be transported by the property owner or tenant to an
approved county facility for disposal. C&D Debris generated on Residential Real Property by a
licensed builder or contractor shall be removed by the builder or contractor.
6. Garbage Roll Carts, Curbside Containers;Recycling Roll Carts, Recycling
Bins, Yard Trash/Biomass Containers, and any non-containerized waste appropriate for Curbside
collection shall be placed the Curbside prior to 6:00 a.m. on the scheduled collection day.
However, these containers and materials shall net be placed at Curbside more than twenty four
(21) hours prior no earlier than 6:00 p.m. the day prior to the Customer's next regularly
scheduled collection day. Such containers and materials shall be placed at least three (3) four (4)
feet from mailboxes or other obstacles. The Customer shall remove from the Curbside all
Curbside Containers, Garbage Roll Carts, Recycling Roll Carts and Recycling Bins within
- .. .. - -- ' _. •. . . • . - . by 6:00 a.m. on the
day after the scheduled service is completed.
7. A residential Customer shall not set out for collection more than four (4)
Tires with or without rims less than 33 inches in diameter and two (2) lead acid batteries per
month.
8. A residential Customer shall contact the Manager at least forty-eight (48)
hours before the Customer's regularly scheduled collection day if the Customer wishes to receive
Curbside collection of Built-Waste; White Goods, Electronic Equipment, Tires, or lead acid
batteries.
9. Garbage and similar putrescible waste shall not be collected, stored, or set
out in an open, uncovered Collection Container.
10. Solid Waste and Yard Trash/Biomass shall not be placed in the same
Curbside Container.
Words Underlined are added;Words Struck Through are deleted
Page 14 of 26 (11)4')
17A
11. Yard Trash/Biomass shall not be placed in Garbage Roll Carts, Recycling
Roll Carts, or Recycling Bins. Yard Trash/Biomass placed in other types of Curbside Yard
Trash/Biomass Containers shall not exceed four (1) feet in length or fifty (50) pounds in weight,
and shall not extend more than twelve (12) inches over the top of the Curbside Container four (4)
feet in length, or four (4) inches in diameter. Yard Trash/Biomass shall not be set out for
collection in plastic bags. Yard Trash may be set out for collection in paper bags. A
combination of no more than ten (10) bundles, paper bags or personal containers will be
collected at one time.
12. Yard Trash/Biomass that is not placed in a Curbside Yard Trash/Biomass
Container shall be bundled and securely tied with twine a-cord or other material strong enough to
support the weight of the bundle. Non-containerized Yard Trash/Biomass shall not exceed fifty
(50) pounds in weight, four (4) feet in length, or four (4) inches in diameter. The foregoing
restrictions also shall apply to other types of non-containerized Solid Waste, except Bulk Waste
and Extraordinary Waste.
13. Customers shall not overfill Garbage Roll Carts, Recycling Roll Carts, or
Commercial Containers such that lids cannot be fully securely closed. Overfilled roll carts and
containers are a potential hazard when lifted by the automatic arm of the collection vehicles.
14. The Contractor shall provide for the collection of Bulk Waste, White
Goods, and Electronic Equipment, subject to the provisions of this Ordinance and the Service
Agreement. Such materials shall be placed at Curbside and shall not include vehicles, vehicle
component parts, boats or boat trailers or their component parts, or liquid waste. Further, Bulk
Waste shall be disassembled, if possible, into sections or pieces of less than fifty (50) pounds in
weight and four (4) feet in length, prior to pickup by the Contractor. Prior to placement at the
Curbside, doors on White Goods shall be taken off the discarded units, or securely locked from
the outside to prevent the entrapment of children.
15. Garbage Roll Carts, Recycling Roll Carts, or Recycling Bins
unserviceable due to loss or customer negligence, will be replaced, and the customer shall pay
the contractor's invoice price plus a delivery fee. The invoice price is subject to change at the
Manager's approval. The delivery fee is set forth in the Solid Waste Rate Resolution as
amended.
Words Underlined are added; Words Struck Through are deleted
Page 15 of 26
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-1416. Owners of Residential Real Property may negotiate separate arrangements
directly with the Contractor for services additional to those established herein and in the Service
Agreement. The County shall not be responsible for the administration of or payment for any
such arrangements.
D. Ingress and Egress to Residential Real Property:
1. Subject to the conditions contained herein, ingress and egress to
Residential Real Property on private roads must be provided by the affected property owners for
the Contractor. Ingress and egress includes but is not limited to maintaining suitable conditions
and widths on the roads, providing adequate room for vehicles to turn around, and managing
overhanging tree limbs. If part or all of a private road is inaccessible by the Contractor, the
County shall investigate and provide suggestions to the appropriate Home Owner's Association
(HOA) or property owners if there is no HOA. If the HOA or affected property owners do not
agree to provide access for the Contractor, the Customer's Curbside Containers shall be placed
on the closest public right-of-way that is accessible to the authorized Contractor, at a location
designated by the Manager that will not obstruct motor vehicle traffic, pedestrian passage, or
stormwater drainage.
2. Owners of single family residences not exempt from the Special
Assessment and receiving Residential Curbside Service, whose property is made incapable of
receiving residential curbside collection as described in Section 19 of this Ordinance due to site
conditions which prevent ingress and egress of collection vehicles and/or curbside placement of
items for collection may apply for a permit to receive Residential Non Curbside service in the
form of commercial container service provided that the following criteria are met, and approved
by the Manager: (1) Property owners must make every reasonable effort to provide ingress
and/or egress to collection vehicles before making application, (2) Placement of Garbage Roll
Carts, Recycling Roll Carts, Yard Trash/Biomass and bulk waste at the nearest County right of
way must be impossible or impractical due to public health, safety, welfare concerns, (3) The
property owners must provide an area for commercial container placement that complies with the
Collier County Land Development Code for commercial container enclosures and screening as
amended, and (4) Should the site conditions that prevent ingress and egress of collection vehicles
and/or curbside placement of items for collection be temporary, a plan for rectifying the
condition along with timetables must be submitted with the application.
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Page l6 of 26
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3. Residential Customers who occupy a Multi-Family Residence or single
family residence and who are not exempted from the special assessment and do not receive
Residential Curbside Service due to temporary or permanent site conditions that prevent ingress
and/or egress of collection vehicles, may make application to have Residential Non-Curbside
Service, or Self Haul Exemption permit, subject to the Manager's approval.
E. Commercial Real Property:
1. Except as authorized by Section 403.7046, Florida Statutes, the provisions
of this Ordinance do not apply to the collection of Recovered Materials that are generated on
Commercial Real Property.
2. Except as otherwise provided herein, owners of Commercial Real Property
shall enter into a contract with a Contractor and shall pay the County's approved rates for the
collection of those types of Solid Waste that are subject to the Contractor's exclusive franchise.
At a minimum all Commercial Real Property that generates Garbage and Rubbish shall contract
for an appropriate size container for garbage storage and collection. Unoccupied and unused
Commercial Real Property shall not be required to contract for solid waste collection service
subject to inspection and verification of vacancy by authorized County Code Enforcement
Official. Tenants of owners of Commercial Real Property, who run a commercial business may
enter into a contract with a Contractor with the approval of the property owner. A copy of the
current contract with the Contractor shall be available for inspection at the property being
serviced. Any violations of this ordinance or other county ordinances by the tenant shall subject
the property owner to the penalties hereinafter provided.
3. The minimum collection frequency for Commercial Real Property shall be
one time per week, with collection not more than seven (7) calendar days apart, except for
Holidays. The minimum collection frequency for restaurants, grocery stores and other facilities
that generate significant quantities of Garbage and other types of putrescible waste shall be twice
per week. Organizers of Special Events shall, in accordance with the event permit, ensure that
sufficient containers and collection frequency are contracted to maintain Garbage or Recyclables
containment until final disposal can be accomplished.
4. Collection service for Commercial Real Property shall be provided with a
Commercial Container; however, a commercial Customer that generates one (1) cubic yard or
less per week of Solid Waste may use up to two (2) Garbage Roll Carts Curbside Containers.
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Page 17 of 26
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Where access or space restrictions prevent a two (2) cubic yard or greater Commercial Container
from being provided, the Manager may approve a variance for additional Roll Carts to be used at
the relevant Commercial Container rate.
5. Commercial Waste, Residential Waste, and Yard Trash/Biomass shall not
be placed in the same collection container. Commercial Containers shall be placed on a paved or
concrete level surface. All approaches to Commercial Containers shall be capable of supporting
the weight of the Collection vehicle. All Collection Containers shall be placed in locations that
allow easy access and convenient use by Customers, and are readily accessible to the
Contractor's vehicles. In the event the Customer and Contractor cannot agree upon an
appropriate location for a Collection Container, the Manager shall mediate the dispute and
designate the point of Collection.
6. Where Commercial Real Property utilizes a contractor compactor or a
third party compactor and any such compactor breaks down, alternative County approved
Commercial Container(s) must be provided or contracted and serviced at appropriate frequencies
until the compactor is repaired and returned to service.
F. Multi-Family Collection Service:
1. Customers occupying Multi-Family Residences shall receive residential
curbside collection service or commercial residential non-curbside collection service. A
Customer occupying a Multi-Family Residence shall receive residential curbside collection
service if the Customer pays the County's Special Assessment or receives the Manager's approval
for such service. All other Customers occupying Multi-Family Residences shall receive
commercial residential non-curbside collection service.
2. A Customer occupying a Multi-Family Residence and receiving
residential collection curbside service shall receive the same level of service, and shall be subject
to the same rates and requirements, and set out times as any other Customer receiving residential
curbside collection service.
3. A Customer occupying a Multi-Family Residence and receiving
commercial residential non-curbside collection service shall receive the same level of service,
and shall be subject to the same rates and requirements, as any other Customer receiving
commercial collection service.
Words Underlined are added;Words Struck Through are deleted
Page 18 of 26
17A
4. Each Customer occupying a Multi Family Residence shall receive
- .' - ' - - - '. , . - -- - . - - - - . -
Family Residence provides for commercial collection service. The Contractors exclusive
franchise for the collection of Residential Program Recyclables includes the collection of
program Recyclables generated by those customers that occupy Multi-Family Residences, even
if the customers receive Non-curbside Collection Service.
5. Solid Waste Collection Enclosures — Accessory Structures: All newly
constructed buildings for commercial, industrial or Multi-Family use shall provide sufficient
commercial containers in proper enclosures, as approved by the Manager, to adequately contain
all solid waste generated on the premises between collections. Any commercial, industrial or
Multi-Family user who is now using an approved solid waste container other than a commercial
container shall be permitted to continue that use until such time as significant modifications or
alterations are made to the building or the use thereof. At that time, the Financial Operations
Division shall determine if commercial containers are required. All commercial, industrial or
Multi-Family users shall provide an approved commercial container or other solid waste
container as preapproved by the County.
G. Non-Collection Procedures:
1. The Contractor is not required to collect Solid Waste, Program
Recyclables, or other materials unless such materials have been set out for collection by a
Customer in accordance with the provisions of this Ordinance and the Service Agreement. If
such materials are not collected, the Contractor shall immediately place a Non-Collection Notice
on the container or Non-Conforming Material. If the Contractor does not place a Non-Collection
Notice on the container or Non-Conforming Material, the Manager may require the Contractor to
return promptly and collect the materials.
2. The Contractor may leave Non-Conforming Material, Non-Program
Recyclables, and excessively contaminated recyclables in the Customer's Recycling Cart or
Recycling Bin. If the Contractor does, the Contractor shall immediately place a Non-Collection
Notice explaining why the material was not collected.
3. In the event a Commercial Container is overfilled and cannot be safely
dumped, the Contractor shall immediately place a Non-Collection Notice on the Commercial
Container, notify the Customer, and reschedule service.
Words Underlined are added;Words Struck Thio gh are deleted
Page 19 of 26
VA
4. The Contractor shall refuse to collect Solid Waste from a Customer if the
Contractor believes that the Solid Waste contains Hazardous, Radioactive, Biological or
Biomedical Waste. If the Contractor believes a Customer is depositing such waste for collection,
the Contractor shall place a Non-Collection Notice on the container, take photographs of the
improper waste (if possible), and immediately notify the Manager. If the generator of such waste
is unknown, the Contractor shall work with the Manager to identify the generator of such waste.
5. The Manager may determine that solid waste that is non-conforming,
improperly prepared or improperly set out, may constitute a significant risk to the public health,
safety and welfare and may remove the items or cause the items to be removed by a Contractor
and may pass the cost of removal along to the property owner.
SECTION FIVE: AMENDMENT TO SECTION TWENTY OF ORDINANCE NO.
2005-54.
Section Twenty of Ordinance No. 2005-54 is hereby amended to read as follows:
SECTION TWENTY: TERMINATION OF SERVICE BY CONTRACTOR.
A. Residential Real Property: The Contractor may not terminate service to any
Residential Real Property that is subject to and not exempted from the Special Assessment.
B. Commercial Real Property: The Contractor may terminate collection service
when a commercial Customer fails to pay for service and the following procedure has been
followed:
1. When a commercial Customer's payment is thirty (30) days past due, the
Contractor may mail to such Commercial Customer a notice of intent to terminate
service in ten (10) days.
2. If the commercial Customer desires to dispute the bill, the Customer shall notify
the Manager in writing within the ten (10) day period. Upon receipt of the
Customer's notice, the Manager shall resolve the dispute.
3. If the balance remains unpaid after the ten (10) day period provided above, or ten
(10) days following issuance of a written finding by the Manager, the Contractor
may discontinue collection service to the Customer. The Contractor shall notify
the Manager within one (1) day after service is terminated.
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Page 20 of 26
17A
4. Upon being notified, the County shall take whatever action it deems appropriate
to enforce compliance with the provisions of the County's Ordinances, including,
but not limited to issuance of a citation.
C. In the event service is suspended or terminated, the Contractor is authorized to
remove from the Customer's premises any Commercial Containers or other equipment belonging
to the Contractor.
D. The Contractor is authorized to charge interest on delinquent accounts with
commercial Customers, based on the highest rate authorized by law, and to charge a fee for
resumption of service.
SECTION SIX: AMENDMENT TO SECTION TWENTY-ONE OF ORDINANCE
NO. 2005-54.
Section Twenty-One of Ordinance No. 2005-54 is hereby amended to read as follows:
SECTION TWENTY-ONE: SELF HAULER EXEMPTION PERMITS FOR
COMMERCIAL AND RESIDENTIAL PROPERTY;
PROCEDURE FOR OBTAINING AND REVOKING
EXEMPTION PERMITS.
A. Commercial Real Property or Residential Real Property: Any owner or occupier of
Commercial Real Property or Residential Real Property desiring to remove Solid Waste
generated on its own premises may make application to the Manager for an a Self Hauler
Exemption Permit to remove and convey the Solid Waste to designated County facilities. Such
application shall be on a form as prescribed by the Manager. Applications shall be accompanied
by a filing fee in an amount determined by resolution of the Board. The application shall, in
addition to other items which may be specified by the Manager, contain at least the following
information:
1. Name of applicant.
2. Telephone number of applicant.
3. Facsimile number of applicant.
4. Description of activity generating the Solid Waste.
5. Description of the type of Solid Waste generated and address of premises
where such Solid Waste is generated.
6. The proposed County landfill site where the Solid Waste will be disposed.
Words Underlined are added;Words Struck Through are deleted
Page 21 of 26
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7. The vehicle(s) and personnel that will be utilized to transport such Solid
Waste.
8. Address where vehicle(s) is parked and can be inspected.
9. A copy of the registration of the vehicle(s).
10. Proof of insurance for the vehicle(s).
11. Information sufficient to establish that the equipment to be used is constructed
or equipped in a manner such that no leakage, spillage or loss of any fraction
of the load can occur.
12. A copy of the applicant's commercial occupational license, or the
Condominium Association or Homeowner Association articles of
incorporation.
Upon determining that the activity for which the Exemption Permit is sought complies
with the terms of the Ordinance, the Service Agreement, and all County, State and Federal laws
and regulations, the Manager may grant an Exemption Permit. The Exemption Permit shall
contain a certificate to be signed by the applicant, certifying that the applicant will comply with
the provisions of this Ordinance.
The Exemption Permit shall specify the County facility(ies) to which the Solid Waste
shall be conveyed and shall include any other conditions the Manager deems appropriate. All
Solid Waste being transported pursuant to an Exemption Permit must be transported in a covered
or enclosed vehicle or must be securely covered by a tarpaulin or other device that prevents the
material from falling, blowing or otherwise escaping the vehicle. Vehicles used to transport
Solid Waste pursuant to this Section 21 shall have properly functioning safety equipment,
including, but not limited to, head lights, tail lights, hazard lights, windshields, windshield
wipers, mirrors and horns. The Person receiving the Exemption Permit shall timely pay any
amounts due and owing for the use of the County facility(ies) at which the Solid Waste is
disposed. Failure to make timely payments to the County for disposal services may result in the
revocation of the Exemption Permit.
The Exemption Permit shall be effective for a period of six (6) months from the granting
thereof and may be renewed by filing an updated application and following the procedures for
the granting of the original Exemption Permit.
Words Underlined are added;Words Struck Through are deleted
Page 22 of 26
17A
Upon receipt of notice of a violation of the terms of any Exemption Permit, including the
application therefore, the Manager may revoke such Exemption Permit, after providing notice
and a hearing. An appeal from any decision of the Manager denying or revoking an Exemption
Permit may be taken to the Board. An appeal shall be initiated by filing with the Manager a
petition stating the grounds for such appeal. The petition must be filed with the Manager within
ten (10) days after the County mails notice of the permit denial or revocation by the Manager.
B. Residential Real Property: Exemption Permits shall not be issued for Residential
Real Property generally, but may be issued upon the following basis and criteria:
1. The Residential Real Property for which exemption from the Special
Assessment is sought must:
a. be essentially surrounded by Commercial Real Property; and
b. provide written confirmation that its Solid Waste shall be collected
and disposed of by the owners of the adjacent Commercial Real
Property; and or
c. be part of a condominium owners' or homeowners' association of
record whose residential units are receiving commercial non-
curbside collection service with a Commercial Container, and be
incapable of receiving the curbside rather than the residential
collection service described in Section 19 of this Ordinance due to
site conditions which prevent ingress and egress of collection
vehicles and/or curbside placement of items for collection and/or
placement of Commercial Containers and commercial container
enclosures as required by the Land Development Code as
amended. The owners of the affected Residential Real Property, if
so electing through their respective condominium owners' or
homeowners' association, shall file an exemption application
identifying the Residential Real Property and providing other
. . . , •. . .. .. . -• . . ' .
mandate the subject Residential Real Property to obtain and
receive commercial service through its respective condominium
Words Underlined are added;Words Struck Through are deleted
ms,
Page 23 of 26 �`�-
17 A
owners' or homeowners' association, by contract with the
. . . .. .. . - - - . -
Service Agreement.
2. The Contractor providing service in the affected Solid Waste District
shall affirm in writing to the Manager that it is impractical or
economically inefficient for the Contractor to provide residential curbside
collection service or residential non-curbside service to the Residential
Real Property for which exemption is sought.
3. Application for Exemption Permit shall be made in writing by the
Residential Real Property owner, or on behalf of the Residential Real
Property owners of such condominium owners' or homeowners'
association by such condominium owners' or homeowners' association,
and shall be submitted to the Manager. with an administrative processing
fee in an amount determined by the Board. The application shall be
submitted to the Manager within thirty (30) days of the mailing date of the
Special Assessment bill. Multi Family applications must include an
affidavit stating that there has been a majority vote of the membership of
the association in favor of making the permit application. The Manager
may request and shall be entitled to receive relevant documentation or
confirmation of facts from the applicant and shall, in any event, render a
written decision either granting or denying the exemption request within
thirty (30) days of its submission.
4. An appeal for reconsideration may be initiated by filing with the Manager
a petition stating the grounds for such appeal. The petition must be filed
with the Manager within ten (10) days after the County mails notice of the
permit denial. After the period of limitation established herein no petition,
appeal, or right of action shall be asserted by the Residential Real Property
owner(s). . . . . ' . - _ . . - - '.
- - - '- ---• - . : .. . . - - .• .
Words Underlined are added;Words Struck TL rough are deleted
Page 24 of 26
1 7 A
.. -
5. After the expiration of the periods of limitation established in
subparagraphs 3 and 4 of this subsection 21B, as applicable, no petition,
. .. . .
owner.
6 5. A Residential Real Property exemption granted hereunder shall be
communicated to the Property Appraiser and Tax Collector by the
Manager. formalized by resolution adopted by the Board and
communicated to the Tax Collector and/or other Board designee.
7 6. The residential Exemption Permits granted hereunder shall have duration
of up to and no more than one (1) Service Year, whereupon the
Residential Real Property shall be subject to the Special Assessment and
Contractor's services unless a new residential Exemption Permit is
obtained pursuant to the procedures described in this Section 21 of the
Ordinance and subject to the Manager's right to revoke.
SECTION SEVEN: AMENDMENT TO SECTION TWENTY-FOUR OF ORDINANCE
NO. 2005-54.
Section Twenty-Four of Ordinance No. 2005-54 is hereby amended to read as follows:
SECTION TWENTY-FOUR: PENALTIES.
. . . ! .. . .. - - . - . . • . - . . . . . _ . -
Violations of any section or provision of this Ordinance shall be prosecuted and punished
as provided by Section 125.69, Florida Statutes. Each day the violation continues shall constitute
Words Underlined are added; Words Struckgh are deleted
Page 25 of 26
17 A
a separate offense. Additionally, the Board may bring suit for damages or to restrain, enjoin or
otherwise prevent the violation of this Ordinance, before the Special Magistrate, or, in the Circuit
Court of Collier County.
SECTION EIGHT: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION NINE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION TEN: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this-14V\ day of avA\-..\\ , 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT,E:;BRRCI ,Clerk COLLIER COUNTY, FLORIDA
By IABy. / er,a4t4e.,.._
Attest as;taChhatrmai e. ty "�' TIM NANCE, CHAIRMAN
signature only:_'
Approved as to fo and -gality: This ordinance filed with the
tt Y 4 *gory
do o S ate's Off;ce rhe
(c—C. ,� y viy 2ca1S
Scott R. Teach and acknowledgement of that
Deputy County Attorney filin• received t ++ 9T" day
of 1i
By ' t'IV
Cep C
Words Underlined are added; Words Struck Through are deleted
Page 26 of 26
„�4Tt►Es 17A
_ ge„,tp.,,..,,_. ,__.-sigl( I
s
t
FLORIDA DEPARTMENT 0 STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
July 9, 2015
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ms. Martha S. Vergara, BMR Senior Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2015-38, which was filed in this office on July 9, 2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.fl.us